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Court allowed a mother's petition to quash a murder case against her for killing her husband after he tried to rape their 21-year-old daughter
The Madras High Court recently observed that even if someone kills to protect themselves or others from a sexual crime, they will be exempted under Section 97 of the IPC and will not be punished.
The bench of Justice G Jayachandran allowed a mother's petition to quash a murder case registered against her for killing her husband after he, in a drunken state, attempted to assault their 21-year-old daughter.
In her petition filed under Section 482 CrPC, the woman asserted that she was forced to kill her husband to save her daughter.
The woman's counsel argued that the daughter’s statement and the photographs of the deceased showed an injury on the back of his head, indicating a clear case of self-defense. Therefore, the counsel claimed that prosecuting the woman under Section 302, IPC was incorrect.
The court was also apprised that the investigation revealed that the woman heard noises and found her drunk husband lying on top of their daughter and choking her. When she tried to pull him off her daughter, he did not budge, therefore, she first used a wooden knife to strike him on the back of the head, but he continued the assault. Consequently, she took a hammer and struck him on the head, causing his immediate death.
The single judge bench noted that from the record it was obvious that the deceased was in a drunken state and had tried to misbehave with his own daughter.
Court highlighted that Section 97 of the IPC grants the right to self-defense against offences affecting the body, including sexual offences covered under Sections 354, 375, 354-A, and 354-B. This means a person defending themselves or others from such crimes is exempt from punishment under Section 97, even if the offence is admitted.
Therefore, the court held that it was a fit case to be interfered with as it was also on record that the body of the deceased was found semi-nude and injury on his head tallied with the explanation given by the accused wife.
Accordingly, court allowed the woman's petition and quashed the complaint filed against her for murder.
Case Title: Preetha v. The Inspector of Police, Otteri Police Station, Chennai and another
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