Daijiworld Media Network – Jabalpur

Jabalpur, Jul 4: The Madhya Pradesh High Court has reduced the sentence of a man convicted of killing his seven-month pregnant wife from life imprisonment to seven years of rigorous imprisonment, holding that her remark, "I can have a thousand husbands like you," amounted to "grave and sudden provocation" that deprived him of self-control.

A Division Bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh partly allowed the appeal filed by Shiva, who was convicted of killing his wife, Kiran, on the banks of the Kulbaheri River in Chhindwara district in July 2021.

According to the prosecution, shortly after the incident, Shiva telephoned Kiran's relatives and informed them that he had killed her. When questioned about the reason, he allegedly said Kiran had remarked, "I can have a thousand husbands like you," following which he picked up a stone lying nearby and attacked her. He also informed the police about the incident.

The trial court had convicted Shiva under Section 304 Part I of the Indian Penal Code (IPC) and sentenced him to life imprisonment.

While upholding the finding that Shiva was responsible for Kiran's death, the High Court held that the circumstances of the case attracted Section 304 Part II of the IPC instead. The court reduced the sentence to seven years' rigorous imprisonment and imposed a fine of Rs 1,000.

The Bench noted that Kiran was seven months pregnant at the time of the incident. According to the post-mortem report, she sustained facial injuries, fractured ribs and sternum, and died due to cardio-respiratory failure caused by severe injuries to vital organs.

The doctor who conducted the autopsy stated that the injuries could have been caused by the stone recovered during the investigation.

The High Court observed that there was no evidence to suggest the killing was premeditated. It noted that Shiva himself informed both the police and the victim's family about the incident, and that the stone used in the assault was lying at the spot.

The Bench further observed that the prosecution had not established repeated attacks with the stone. It noted that only one stone had been seized and sent for forensic examination, while some injuries could also have resulted from the rocky surface along the riverbank.

Referring to Exception 1 of Section 300 of the IPC, which deals with acts committed under grave and sudden provocation, the court relied on Supreme Court judgments explaining circumstances in which provocative remarks may deprive a person of self-control.

In its judgment, the Bench observed that a wife's statement that she could have "a thousand husbands like him" amounted to an indirect assertion that the husband was worthless.

The court held that such a remark implied that "he has no value as a human being or as a husband" and, considering the facts of the case, amounted to grave and sudden provocation, warranting the reduced conviction and sentence.