Husband strangled his wife and killed. My father has been convicted for the offence of murder and sentenced to life imprisonment. There were some quarrel between my father and mother over the issue of the marriage ceremony of my aunt (bua). My father wanted to extend financial help to my grandfather for the wedding ceremony of my bua. But my mother was against that financial help because she had very estranged relations with my grandfather and mother. The incident occurred in our house and in the presence of my family members. All witnesses are family members and neighbours. Ultimately my father has been sentenced under section 302 IPC for the offence of murder and sentenced for life imprisonment. He is innocent and committed that offence by mistake. Please help.
Asked from: Uttar Pradesh
This conviction and sentence prima facie seem improper because there was some quarrel between the deceased and her husband. This fact would have been sufficiently established by the prosecution. It proves that the offence was committed in sudden provocation from the deceased. There was no premeditation or pre-planning of the accused to kill his wife. There was also no preparation to commit that offence. The trial court had ignored the above facts while convicting and sentencing the accused.
In this situation, you should prefer an appeal to the high court under Section 374 of the Code of Criminal Procedure (CrPC). The conviction is unsustainable because the accused is illegally convicted for the offence of murder (Section 302 IPC) whereas he committed the offence of culpable homicide, which is punishable under Section 304 IPC.
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Section 304 IPC
It appears from the facts that your father was financially strong and wanted to give monetary help to his father for the marriage of his sister. Upon this issue, some quarrel started between the spouses (deceased and accused), and in the course of such heat and provocation, the accused (husband) strangled his wife without the intention to kill. The act was committed in a spur of the moment and without planning. There was also no premeditation on the part of the accused to commit murder.
Hence, the high court, in appeal, will convert the conviction under Section 302 IPC to Section 304 Part II of the IPC. Your father will not be acquitted because at the time of the commission of the offence, he knew that his act (strangulation) may result in the death of his wife. In your case, however, there was no intention to kill, but the accused had the knowledge (at the time of committing the offence) that his act is likely to cause the death of his wife. Hence, your father may be sentenced for culpable homicide. For more legal help please visit Kanoon India.
Also read: Remedy if the court did not punish the accused with adequate sentence
