The Supreme Court overturned the husband‘s conviction under Section 302 of the IPC accused of killing his wife.
The appellant is before the Court assailing the judgment passed by the High Court of Delhi at New Delhi. Through the said judgment, the High Court has confirmed the conviction and sentence rendered by the trial court through its judgment.
The division bench of Justice A.S. Bopanna and Justice Pamidighantam Sri Narasimha noted that when the Court directed notice to the respondent in 2009 an opinion was formed that insofar as the conviction, the trial court as well as the High Court were justified. The notice was limited to the question of considering the nature of offence and the quantum of punishment.
It was further noted that the appellant who is the husband of the deceased was charged of assaulting his wife Kaushalya Yadav in the matrimonial house.
The court observed that the seven years old daughter stated in her cross examination that her mother is said to have said something to her father on which the father started beating her mother.
By her statements it was further observed that immediately her father had dressed up and moved her mother to the Hospital where the other family members are also stated to have gone.
The court said that 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 opined that the conviction under Section 302 IPC would not be justified.
It modified the judgment to hold the appellant guilty of the offence under Section 304 Part II of IPC.
It was noticed that the appellant had already undergone more 12 years of sentence and as such the court held that the period undergone will be sufficient punishment.
Case title: Jai Karan Yadav v/s State (NCT of Delhi) through SHO
Citation: Criminal appeal no. 2038 of 2022