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The bench also said that Chormule immediately took his wife to the hospital which showed that there was no intention to kill her
The Bombay High Court has acquitted a man who was sentenced to imprisonment for 10 years for attempting to kill his wife by pouring rat poison in her mouth.
The single judge bench of the high court comprising Justice SV Kotwal was hearing an appeal filed by Namdeo Chormule challenging his conviction.
Chormule was convicted by the Additional Sessions Judge of Solapur under Section 307 of the IPC for an attempt to murder.
In her testimony, the wife also informed that earlier Chormule tried to pour kerosene on her. However, Chormule was acquitted for that charge.
The high court in its order noted that there was no premeditation or pre planning as the poison was poured during a quarrel.
"The evidence shows that the quarrel had started at 9:00a.m. and during that quarrel the appellant had poured poison in the informant's mouth. Therefore, there was no premeditation, no pre-planning and no design on the part of the Appellant. In such a case, if that act had led to the death of the victim, it would not have been murder, but only the culpable homicide, not amounting to murder; as referred to Exception 4 to Section 300 of the I.P.C," the order reads
The bench also said that Chormule immediately took his wife to the hospital which showed that there was no intention to kill her.
The court ordered his release and sentenced him to the time served as he had been in custody for more than 5 years.
Case title: Namdeo Ramchandra Chormule vs State of Maharashtra
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