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'1,000 husbands' remark leads court to cut man's life term in wife's murder case: ‘Grave provocation’
Shiva Kahar, a resident of Chhindwara district's Chaurai block, killed his wife on September 18, 2021, following an argument at their home.
The Madhya Pradesh High Court reportedly reduced the life sentence of a man convicted of killing his seven-month-pregnant wife to seven years of rigorous imprisonment. The court announced the reduced sentence saying that the crime was committed under "sudden and grave provocation" and was not a premeditated act.
In a judgment delivered on June 18, a division bench of Justices Vivek Agarwal and Avanindra Kumar Singh modified the conviction of Shiva Kahar, who was found guilty of causing the death of his wife, Kiran, in September 2021, reported news agency PTI.
According to the prosecution, Kahar, a resident of Chhindwara district's Chaurai block, killed his wife on September 18, 2021, following an argument at their home.
Stuck on head, killed
The prosecution said Kiran, who was seven months pregnant at the time, was struck on the head with a stone, resulting in her death. After the incident, Kahar allegedly informed both his father-in-law and the local police station about what had happened, after which he was arrested.
During the investigation, Kahar stated that an argument had broken out between the couple on the day of the incident. He claimed that during the quarrel, Kiran told him, "I will have a thousand husbands like you," reported PTI.
According to his statement, the remark enraged him and he picked up a stone lying nearby and hit her on the head, leading to her death.
Trial court had awarded life imprisonment
A district court in Chhindwara had convicted Kahar and sentenced him to life imprisonment. He later challenged the verdict before the Madhya Pradesh high court, the news agency's report said.
While hearing the appeal, the high court examined the circumstances surrounding the incident and concluded that the killing did not appear to have been planned in advance.
Court cites ‘grave provocation’
In its order, the bench said: "Considering the facts and circumstances of the case, we find that it was not a pre-meditated offence, the stone lying nearby was used to cause injury to Kiran which resulted in her death; and after the incident, he (accused) himself informed the incident to the police and relatives of the Kiran."
The court also addressed the significance of the remark allegedly made during the argument.
"When a wife refers to her husband that 'she can keep thousand husbands like him' it is indirect/oblique reference to worthlessness of the husband, meaning he has no value as a human being or a husband. Therefore, it can be turned as a sudden and grave provocation," the bench said.
The judges observed that the statement amounted to an indirect suggestion that the husband was of little worth, which they considered sufficient provocation in the circumstances of the case.
Conviction modified
After reviewing the facts, the court held that the case did 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 where death is caused with the knowledge that the act is likely to result in death, but without an intention to kill.
The ruling effectively reduces Kahar's punishment from life imprisonment to a fixed seven-year prison term while retaining his conviction for causing his wife's death.
"Considering the overall facts and circumstances of the case, while maintaining the conviction for culpable homicide not amounting to murder, we find that case would not fall under 304 Part-I of the Indian Penal Code (IPC) but would fall under Section 304 Part-II of IPC," the court said.
Accordingly, the bench convicted Kahar under Section 304 Part-II and sentenced him to seven years of rigorous imprisonment. The court also imposed a fine of ₹1,000, with an additional one year of rigorous imprisonment in case of non-payment.
(With PTI inputs)
