HC grants relief to husband convicted In wife’s 2009 killing

The Allahabad High Court commuted a husband's murder conviction to culpable homicide, stating a sudden quarrel does not constitute murder.

: 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 Indian Penal Code) to one of culpable homicide not amounting to murder (Section 304 Part II of the Indian Penal Code).

The court noted that as of December 16, 2025, the appellant - husband had already served 18 years, 7 months, and 11 days (For representation only)

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 at approximately 6:00 a.m. According to the prosecution, the appellant was a drug addict and frequently assaulted his wife. The sessions court sentenced Matru Yadav to life imprisonment for murder.

The court, in its judgment stated that the incident occurred indoors and stemmed from a quarrel. There is no evidence on record that points to any premeditated planning or conspiracy. It appears that the weapon used in the crime was picked up at the scene. With this observation, the court commuted the husband’s sentence from murder (Section 302 of the I P C) to culpable homicide not amounting to murder (Section 304 Part II of the IPC).

The court noted that as of December 16, 2025, the appellant - husband had already served 18 years, 7 months, and 11 days, which far exceeds the maximum sentence of 10 years prescribed under Section 304 Part II for culpable homicide not amounting to murder. It stated that, as such, he should be released immediately if he is not wanted in any other case.