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The wife's counsel argued that the wife had already undergone half the sentence and that it was a case of private defense
The Bombay High Court has recently granted bail to a wife who was convicted for assaulting her husband with a hammer and smothering him with a pillow.
A single judge bench of Justice Sarang Kotwal was hearing the application for bail while the appeal against the wife's conviction was pending.
The wife was convicted by the Sessions Court and was awarded 7 years of rigorous imprisonment.
The husband and wife were living separately in the same building and had two teenage daughters.
It was alleged that on September 7 and 8, 2020, the husband came to the wife and, after some quarrel, started assaulting her and the two daughters. The accused had also brought an iron pipe to assault them.
Subsequently, the wife took a hammer and assaulted the husband and smothered him with a pillow.
The wife's counsel argued that the wife had already undergone half the sentence and that it was a case of private defense. He added that, considering the evidence, the sentence could be reduced.
The high court, while granting bail to the wife, noted that there was a real apprehension in the mind of the wife that the husband would cause grievous bodily injury to her.
"The deceased was abusing the Applicant and her daughters and he was also trying to assault the Applicant. This particular evidence shows that there was real apprehension in the mind of the Applicant that the deceased would cause grievous bodily injury and therefore I find substance in the submission of learned counsel for the Applicant that the Applicant had right of private defence in her favour," the order reads.
Case title: ABC vs XYZ
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