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Bombay High Court on Wednesday acquitted a man who was convicted by a lower court for killing his wife observing that, it would be necessary to read the mind of the offender and not consider the offence devoid of emotions.  

Adding further the Court stated that, the husband wanted his "beloved wife" to return to his house but she denied, which subsequently deprived him of "self-control", as a result of which he assaulted her and she died.

A Division Bench of Justice Sadhana Jadhav and Justice Sarang Kotwal were hearing an appeal filed by one Ankush Chavan a resident of Karad, Satara district, challenging his conviction by a lower court in October 2016 for murder of his wife.

The Bench observed that,

“It is the specific case of the prosecution that the accused was insisting upon his wife to return to her rightful matrimonial abode with a hope that the crises would be ironed. However, the deceased denied the offer. It was as if, there was no hope for the accused that his beloved wife would return with him and being enraged and deprived of self-control, had assaulted his wife with whatever available just nearby.”

“In these circumstances, it would be necessary to read the mind of the offender and not consider the offence devoid of emotions,” Bench added.

According to the prosecution case, Chavan was married to Kamal in 2002 and the couple had three children. However, he often suspected her character and chastity, because of which, she had left her matrimonial house and started living with her sister.

In April 2015, Chavan visited Kamal's sister's house to take his wife back to her matrimonial abode. There was hot discussion between them and when Chavan insisted upon her to return, she denied.

"In the midst of the discussion, he had caught hold of her neck and he had hit with pestle on her head. She had fallen to the ground and had succumbed to the injury instantaneously," the prosecution claimed.

However, the counsel for the appellant argued that it was all done in a heat of passion and that he didn't premediate to kill his beloved wife and therefore, would fall under exception 4 of section 300 of IPC.

Taking into account the factual matrix of the present case the Bench relied upon the judgment of the Supreme Court in the case of State of U.P. v/s. Lakhmi and stated that,

"In the present case, it is the specific case of the prosecution that the accused was insisting upon his wife to return to her rightful matrimonial abode with a hope that the creases would be ironed."

The bench, noted that, the present case of the accused would squarely fall under section 304 Part I of the Indian Penal Code and the accused deserved to be acquitted of the offence punishable under section 302 of the Indian Penal Code.

“Instead, the appellant is convicted for offence punishable under section 304 Part I of the Indian Penal Code and sentenced to suffer R.I. for 8 years. The appellant is in jail. He is entitled to the set off for the period already undergone,” added Bench.

 

[Case title - Ankush Krishna Chavan v. State of Maharashtra]

[Law point – Sections 302, 300 (exception 4) of IPC]

Access Copy of Judgment Here