Wife's Remark That She Could Have '1000 Husbands' Amounted To Grave And Sudden Provocation: MP High Court Alters Man's Conviction
The Madhya Pradesh High Court has altered a husband's conviction for culpable homicide not amounting to murder from Section 304 Part I to Section 304 Part II IPC, holding that while he had the knowledge that his act was likely to cause his wife's death, he lacked the intention to cause it. [2026 LiveLaw (MP) 237]For context, Section 304 Part 1 constitutes culpable homicide not amounting to...
The Madhya Pradesh High Court has altered a husband's conviction for culpable homicide not amounting to murder from Section 304 Part I to Section 304 Part II IPC, holding that while he had the knowledge that his act was likely to cause his wife's death, he lacked the intention to cause it. [2026 LiveLaw (MP) 237]
For context, Section 304 Part 1 constitutes culpable homicide not amounting to murder where the accused committed the act with the intention of causing death or causing bodily injury likely to cause death
Section 304 Part pertains to culpable homicide not amounting to murder when an individual causes death by an act committed with the knowledge that it is likely to cause death, but without any specific intention to cause death or fatal bodily injury.
The division bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh noted,
"when a wife refers to her husband that 'she can keep thousand husbands like him' it is indirect/oblique reference to worthlessness of the husband, meaning he has no value as a human being or a husband. Therefore, it can be turned as a sudden and grave provocation."
The appeal arose from the order of the Sessions Court convicting the husband under Section 304, Part I of the IPC for causing the death of his wife by pelting a stone at her.
The counsel for the husband submitted that while the couple was together, the wife remarked that she could have a "thousand husbands" like him. Enraged by the statement, the husband picked up a stone and threw it at her.
The bench noted that the deceased was seven months pregnant at the time of the incident. It was further observed that the husband was also intoxicated and reacted after his wife taunted him. Significantly, the bench noted that after the incident, the husband himself informed the police and other persons that he had killed his wife.
The court observed that had the husband intended to murder his wife, he would not have voluntarily informed the police and others about the incident. The court held that the facts indicated a case of grave and sudden provocation rather than a premeditated act.
The bench also noted that the husband had thrown only one stone at the deceased without making any further assault with the same or any other stone.
Accordingly, the court modified the conviction, observing:
"Considering the over all facts and circumstances of the case, while maintaining the conviction for culpable homicide not amounting to murder, we find that case would not fall under 304 Part-I of IPC but would fall under Section 304 Part-II of IPC. Accordingly, the appellant/accused is convicted under Section 304 Part-II for causing death of his wife-Kiran. The appellant is directed to undergo RI for seven years with fine of Rs.1000/- and in default of payment of fine amount, additional RI for 1 year".
Case Title: Shiva v State of Madhya Pradesh, CRA-1863-2024
Citation: 2026 LiveLaw (MP) 237
For Appellant: Advocate Jagat Kumar Dehariya
For State: Government Advocate Ajay Shukla