"Spur Of The Moment", "Took Her Immediately To Hospital": SC Sets Aside Conviction U/s 302 IPC Of A Husband Accused Of Killing Wife

Update: 2022-11-28 12:56 GMT

The Supreme Court set aside murder conviction of a man accused of killing his wife and modified it to conviction under Section 304 Part II IPC.

This is after the court found that the incident had occurred at the spur of the moment and the accused had taken immediate steps to shift his wife to the hospital.

The accused was charged of murder of his wife and in this case the sole eyewitness account recorded was of his seven years old daughter. His conviction under Section 302 IPC by the Trial Court was upheld by the Delhi High Court. Before the Apex Court, the appellant accused contended that even if the incident is accepted in the manner in which it had occurred, it was at the spur of the moment.

The court noted that there is detailed consideration made by the Trial Court and the High Court about the veracity of the evidence tendered by the child witness. The bench noted that the child witness had stated that her mother said something to her father on which the father started beating her mother ; that she was not able to open the latch of the door to her house and she thereafter went there ; that immediately her father had dressed up and moved her mother to the Hospital.

"These aspects of the matter would indicate that there was no pre-mediation to cause the death and the incident had occurred at the spur of the moment and the appellant having realised his mistake had thereafter taken immediate steps to shift his wife to the hospital but unfortunately she breathed her last.", the bench of Justices AS Bopanna and PS Narasimha observed.

The bench therefore modified the conviction to Section 304 Part II of IPC. As the accused has already undergone more 12 years of sentence, the court said that the period undergone will be sufficient punishment.

Case details

Jai Karan Yadav vs State (NCT Of Delhi) | 2022 LiveLaw (SC) 992 | CrA 2038 OF 2022 | 23 Nov 2022 | Justices AS Bopanna and PS Narasimha

For Petitioner(s) Mr. Shekhar Prit Jha, AOR Ms. Preeti, Adv. Ms. Sakshi, Adv

Headnotes

Indian Penal Code, 1860 ; Section 300, 302, 304 Part II - Appeal against concurrent murder conviction of a husband accused of killing wife - Partly allowed - Modified to Section 304 Part II of IPC - there was no pre-mediation to cause the death and the incident had occurred at the spur of the moment and the appellant having realised his mistake had thereafter taken immediate steps to shift his wife to the hospital but unfortunately she breathed her last.

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