Wife subjected husband to humiliation by publicly calling him impotent and abusing him resulting in assault by husband: Bombay HC commutes Husband’s life imprisonment to 12 years imprisonment
The Bombay High Court commuted Husband’s life imprisonment to 12 years imprisonment as wife subjected husband to humiliation by publicly calling him impotent and abusing him resulting in assault by husband.
Background
Narayan Salunkhe lodged a report at Pandharpur Police Station alleging therein that his daughter Shakuntala (deceased) was married to the present appellant. The couple was blessed with two sons and a daughter who were studying in Ashram School.
A discordant note had struck between the couple and thereafter, Shakuntala had started residing with her parents. She was working as a house-maid. Rajabai, sister of the deceased, had rushed home and informed that on that day at about 8.00 am when Shakuntala was at the bus stop the husband of Shakuntala approached her, abused her and assaulted her. They rushed to the bus stop and noticed that Shakuntala had sustained an incised wound on her neck and she had succumbed to the said injuries.
Arguments
Advocate Shraddha Sawant, appearing for the appellant, contended that the accused was passing by the road on his own. He was working as an agricultural labour and was engaged in cutting sugarcane. He was obstructed by the deceased and she had levelled scathing remarks against his honour.
she added that he had tried to proceed quietly, however, she continued to abuse him in public and therefore, there was grave and sudden provocation due to which the said incident had occurred.
Veera Shinde, APP for the state, contended that no doubt there was grave and sudden provocation, but at the same time, the accused should have had self-restraint. She said that the column no.17 of the post-mortem notes clearly shows that the deceased had sustained as many as 10 injuries in the nature of chop wounds.
Decision
The division bench of Justice Prithviraj K. Chavan and Justice Sadhana S. Jadhav noted that the incident had occurred on a busy road near the residential house of Ananda More. The loud allegations made by the deceased were heard by one and all. It was quite natural for the man to feel ashamed upon being referred as impotent.
The court stated that there is no material to show that after parting ways the accused had ever interfered with the lifestyle of the deceased.
The court further noted that the accused was deprived of his self-control and hence, he could not have any restraint upon himself while mounting assault. It was not a premeditated act. The offense committed by the accused falls under Exception 4 to Section 300.
The court set aside and quashed the conviction of the appellant for the offense punishable under section 302 of IPC and convicted the appellant for the offense punishable under section 304 (II) of the IPC and is sentenced to the period already undergone.
Case title: Nandu Dada Survase v/s The State of Maharashtra
Citation: CRIMINAL APPEAL NO.1106 OF 2012
