The Madhya Pradesh High Court has reportedly reduced the life sentence of a man convicted of killing his seven-month-pregnant wife to seven years’ rigorous imprisonment. The court announced a reduction in the sentence, saying that the crime was committed under “sudden and serious provocation” and was not an intentional act.
In a ruling on June 18, a division bench of Justices Vivek Agarwal and Avanendra Kumar Singh modified the conviction of Shiva Kahar, who was convicted of causing the death of his wife Kiran in September 2021, the news agency reported. PTI.
According to the prosecution, Qahar, a resident of Chorai area of Chhindwara district, killed his wife on September 18, 2021, after an argument in their home.
Hanging on his head, he was killed
The prosecution said that Kiran, who was seven months pregnant at the time, was hit on the head by a rock, which led to her death. After the incident, Qahar allegedly reported what had happened to his father-in-law and the local police station, and was subsequently arrested.
During the investigation, Qahar stated that a quarrel broke out between the spouses on the day of the incident. He claimed that during the quarrel, Kiran told him: “I will have a thousand husbands like you,” PTI reported.
According to his statements, this statement made him angry, so he picked up a stone that was close to her and hit her on the head, which led to her death.
The court of first instance had sentenced him to life imprisonment
A local court in Chhindwara convicted Qahar and sentenced him to life imprisonment. He later appealed the ruling in the Madhya Pradesh High Court, the news agency report said.
While hearing the appeal, the Supreme Court considered the circumstances surrounding the incident and concluded that the killing did not appear to have been pre-planned.
Court refers to “dangerous provocation”
The court said in its order: “In view of the facts and circumstances of the case, we find that it was not an intentional crime. The stone found near it was used to cause injury to Kiran, which led to her death. After the incident, (the accused) himself reported the incident to the police and Kiran’s relatives.”
The court also addressed the significance of the alleged remark during the plea.
“When a wife points out to her husband that she can keep thousands of husbands like him, it is an indirect/indirect reference to the husband’s worthlessness, which means that he has no value as a human being or a husband. Therefore, it can turn into a sudden and dangerous provocation.”
The judges noted that the statements were an indirect indication that the husband was worthless, which they considered sufficient provocation in the circumstances of the case.
The conviction was amended
After reviewing the facts, the court held that the case does not fall under Section 304 Part I of the Indian Penal Code but under Section 304 Part II, which deals with culpable homicide not amounting to murder when the death is caused with knowledge that the act is likely to result in death, but without the intention to kill.
The ruling effectively reduces Qahar’s sentence from life imprisonment to seven years in prison, while retaining his conviction for causing his wife’s death.
“Considering the general facts and circumstances of the case, while maintaining the conviction for murder not amounting to culpable homicide, we find that this case will not fall under Section 304 Part I of the Indian Penal Code (IPC) but will fall under Section 304 Part II of the Indian Penal Code,” the court said.
Accordingly, the court convicted Qaher under Article 304 Part Two and sentenced him to seven years’ rigorous imprisonment. The court also imposed a fine of $1000, with an additional year of rigorous imprisonment in case of non-payment.
(with PTI inputs)
