- The Supreme Court set aside a conviction of murder of a man for killing his wife and altered it as a conviction under Section 304 Part II IPC.
- When the court found that the incident happened inthe spur of the moment, the accused immediately tried to take his wife to the hospital.
- The accused was charged with murdering his wife and the only eyewitness of the incident was their 7-year-old daughter.
- The Trial Court convicted him under Section 302 IPC which was again upheld by the Delhi High Court.
- On the second appeal to Supreme Court, the accused argued that the murder occurred in the spur of the moment.
- The Trial court and High Court have made detailed considerations about the veracity of the evidence of the child witness.
- The child said that her mother said something to her father and he started beating her mother.
- She was unable to open the latch to the door and went there, and immediately her father dressed up to get her mother to the hospital.
- This indicates that this is not a pre-mediated murder.
- Justices A.S. Bopanna and P.S. Narasimha held that there was no pre-mediation to cause death and that the incident was in the spur of the moment.
- The appellant immediately realized his mistake and proceeded to take steps to move his wife to the hospital but unfortunately, she passed away.
- The bench therefore in light of the facts of the case modified the conviction from Section 302 IPC to Section 304 Part II IPC.
- It was also observed that since the accused had undergone 12 years of sentence, it shall be treated as sufficient punishment.
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