HC cuts man’s life sentence to 10 yrs for killing wife in ‘fit of passion’

Kolkata: Altering the conviction for murder to ‘culpable homicide not amounting to murder’, Calcutta High Court trimmed a life sentence to 10 years of rigorous imprisonment in a case where a man killed his wife in a “fit of passion”.

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the husband (appellant) challenging the trial court’s judgement convicting him for murder (Section 302 IPC) and giving him life sentence.

The man Dhulo Sheikh was accused of hitting his wife with a wooden stick on the head, which led to her death.

The in-laws too were accused of aiding him. The victim’s father alleged that his daughter Noorjahan was mentally and physically tortured by the in-laws who demanded Rs 3 lakh since she gave birth to three daughters.

The father could not meet the demand and hence she was murdered.

She was declared dead by the second hospital where she was shifted from the first one. Also, the husband allegedly had an illicit relationship with another woman.

Dhulo was arrested and on his showing, the weapon of the offence (wooden stick) was recovered. He was convicted and sentenced while the five other accused (in-laws) were acquitted. His counsel argued that there is no cogent evidence connecting Dhulo to the murder and prayed for his acquittal.

It was submitted that the couple’s children didn’t support the prosecution case and deposed before trial court their mother suffered an accidental death.

The trial judge “illegally” relied on the statements recorded before the magistrate that she was killed by their father. It was submitted that since Dhulo took his wife to hospital he had no motive to kill her. The incident occurred during a quarrel.

The court noted injuries in the autopsy report suggested the cause of death was homicidal. It was observed that since the husband took the wife to hospital for medical treatment following the incident, he acted in a fit of passion and didn’t intend to kill her.

The court opined conviction be altered from Section 302 IPC to Section 304 Part I. Further, the life sentence was modified to rigorous imprisonment for ten years.