The Supreme Courtroom has held that setting one’s spouse on fireplace resulting in her demise is an act of such cruelty that it may solely invoke Part 302 (punishment for homicide) of the Indian Penal Code.
—
THE Supreme Courtroom has held that setting an individual on fireplace resulting in their demise is an act of such cruelty that it may solely invoke Part 302 (punishment for homicide) of the Indian Penal Code (IPC).
The court docket made this comment whereas coping with a case involving a husband pouring kerosene oil over his spouse and setting her on fireplace, resulting in her demise. The husband had pleaded that Part 304 (punishment for culpable murder not amounting to homicide) and never Part 302 of the IPC must be invoked towards him.
Temporary info
The appellant has been convicted beneath Part 302 of the IPC by a periods court docket in Delhi.
He was sentenced to bear life imprisonment for killing his spouse by pouring kerosene oil on her.
The convict appealed towards the judgment of the periods court docket earlier than the Delhi Excessive Courtroom which dismissed the enchantment on January 1, 2009. Towards the excessive court docket Order, an enchantment was filed earlier than the Supreme Courtroom.
The appellant argued earlier than the Supreme Courtroom that he had no intention to kill his spouse. He submitted that after pouring kerosene oil on his spouse, he tried to extinguish the hearth by pouring water over her.
As per the appellant, his case falls beneath Half I of Part 304 and never Part 302.
The Supreme Courtroom appointed advocate Aditya Singh as amicus curiae on this case.
Singh submitted that the guilt of the appellant is proved past cheap doubt. He advised the court docket that the concurrent findings of info recorded by the 2 courts needn’t be interfered with by the Supreme Courtroom.
What did the Supreme Courtroom say?
Based mostly on the fabric positioned earlier than it, a Supreme Courtroom division Bench of Justices Bela M. Trivedi and Ujjal Bhuyan held that it discovered no benefit within the argument of the appellant that his case falls beneath Part 304.
The court docket reasoned that the appellant didn’t increase this rivalry through the trial or when his assertion was recorded beneath Part 313 (energy to look at the accused) of the Code of Felony Process.
Therefore, the court docket discovered that there isn’t a illegality or infirmity within the judgments of the periods court docket and the Delhi Excessive Courtroom.
The appellant’s sentence was suspended in 2012. After the dismissal of this petition, the Supreme Courtroom has directed him to give up earlier than the involved jail authorities inside 4 weeks from January 10, 2024.
If the appellant fails to give up, the Supreme Courtroom has directed the periods court docket to subject a non-bailable warrant towards him.
Click on right here to learn the order
