HC grants relief to husband convicted In wife's 2009 killing
Lucknow, May 7 -- : In a significant decision on a jail appeal, the Lucknow bench of the Allahabad high court has clarified that a sudden quarrel between husband and wife does not constitute murder. With this observation, the court commuted the sentence of a husband convicted of murder (Section 302 of the IPC) to one of culpable homicide not amounting to murder (Section 304 Part II of the Indian Penal Code).
A division bench of Justice Rajnish Kumar and Justice Zafeer Ahmed delivered this decision on May 4 while partially allowing the jail appeal filed by the husband, who was serving a life sentence for murdering his wife. The court clarified that since the incident occurred in the heat of the moment during a sudden quarrel, without any premeditated planning, the case falls under Exception 4 of Section 300 of the Indian Penal Code.
As per prosecution, this incidents dates back to March 27, 2009, occurred in Pratapgarh district.
The complaint Ram Bodh Yadav filed a FIR at the Antu police station alleging that his daughter, Sunita, had been murdered by her husband, Dev Bahadur alias Matru Yadav (appellant), with an axe.
The sessions court sentenced Matru Yadav to life imprisonment for murder.
MANOJ KUMAR SINGH...
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