Murder of husband by wife
Soumitra Chawathe
(Querist) 25 February 2012
This query is : Resolved
Mrs. A and Mr. R was a couple married in 2003. After 2 years of marriage there were frequent quarrels between the two because of no child born out of the wedlock. It resulted in the consistent alcoholism of R and the quarrels use to end with brutal beating of A. The parents of A well as R tried to resolve the matter but as the couple was living away from their parents in Mumbai, the resolutions failed. In December 2004 A lodged a police complaint against R but police only admonished him and took no cognizance of it. Because of the complaint R increased his aggression and started locking her in the house and did not let her communicate to anyone. A started getting depressed by the scenario thinking that her life would never change and her miseries would never end. She was going through the same treatment from her husband till 22nd June, 2011 when she committed murder of R using kitchen knife.
The trial court sentenced her with life imprisonment and the High Court upheld the same without granting leave to appeal.
A now wants to challenge the decision in Supreme Court. Kindly advise.
Shonee Kapoor
(Expert) 25 February 2012
appeal is possible.
What is the moot point you want to raise/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 February 2012
Special leave is required to be obtained for this purpose from High Court.
V R SHROFF
(Expert) 25 February 2012
Appeal is a right, in 302 cases.
You try citations, get point to argue in college moot, speak for 5 minutes with few points. After all, it is your training, and how you argue is important.
Try such legal points, where appeal is not granted. Show, this 302 does not fall in that category , being very serious offence, committed for self defense, and unbearable torture, where she lost balance of mind, totally desperate, and punishment is groundless. So grant of special leave to appeal SC is essential & justified.
