The Karnataka High Court has converted a husband's conviction for murder of his wife under Section 302 Indian Penal Code (IPC) to culpable homicide not amounting to murder under Section 304 Part II IPC.

It found that the prosecution could not establish by evidence that the injury suffered by the deceased wife— after being assaulted by her husband and falling down— was “sufficient in the ordinary course of nature to cause death,” but the accused knew his act will likely cause death.

A Division Bench of Justice Mohammad Nawaz and Justice B. Pramod partly allowed the appeal filed by the accused, seeking to set aside the trial court order convicting him for murder of his wife.

“The above material on record goes to show that the incident took place in a quarrel and in the said quarrel, the accused slapped the deceased, as a result of which she fell down. As per medical evidence, the deceased has sustained a swelling over the left temporo parietal region,” the Court said.

It added, “The evidence of PW.5 [the doctor who conducted postmortem examination] does not reveal that the said injury was sufficient in the ordinary course of nature to cause death. However, the accused had the knowledge that the said act committed by him was likely to cause the death. Hence in our considered view, the act committed by the accused would amount to culpable homicide not amounting to murder, punishable under Section 304 Part II of IPC.”

The High Court accordingly set aside the conviction under Section 302 IPC and modified it to Section 304 Part-II IPC, sentencing the appellant to 10 years of rigorous imprisonment along with a fine of ₹10,000. The Court confirmed the appellant's conviction under Section 498A IPC for domestic cruelty.

Background

The appellant and the deceased had a love marriage and had two children. According to the prosecution, the appellant constantly harassed the deceased to go to work despite her severe thyroid condition. On April 1, 2016, following a domestic dispute inside their residence, the appellant assaulted his wife, causing her to collapse unconscious. She was taken to the Hospital, where she was declared dead.

A complaint was lodged by the father of the deceased and a chargesheet under Sections 498A, 304B, and 302 IPC was filed against the appellant. The trial court convicted him under Sections 498A and 302 of the IPC, sentencing him to life imprisonment.

Aggrieved by the conviction, the appellant approached the High Court.

The appellant argued that the deceased fell down and suffered fatal injuries due to her thyroid and heart related problems. He contended that the fact that he shifted her to a hospital showed that he is innocent.