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Meghalaya HC modifies murder conviction over 'safeguarding right on wife'

Meghalaya HC modifies murder conviction over 'safeguarding right on wife'

The Meghalaya High Court has modified the murder conviction of a man who killed his wife's ex-husband. The Court ruled the act was a reaction to grave and sudden provocation, sentencing him to 3 years rigorous imprisonment for culpable homicide not amounting to murder.

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Meghalaya HC modifies murder conviction over 'safeguarding right on wife' Meghalaya HC modifies murder conviction over 'safeguarding right on wife'

Meghalaya High Court has modified the murder conviction of a man who allegedly killed his wife's ex-husband after finding them in a compromising position. The Division Bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh termed the act as a reaction to "safeguard his right over his wife" without premeditation, provoked by seeing his wife betray their sacred relationship.

The Court observed that in a marriage, the husband and wife are each other's property and such betrayal can lead to incidents like this due to sudden provocation and emotion. It likened married life to a bicycle where if one wheel (spouse) is dysfunctional, the family cannot run smoothly.

While the wife claimed her ex-husband pointed a pistol first, the Court found contradictions in her statements. It held the husband's act fell under Exception 2 of Section 300 IPC dealing with grave and sudden provocation. He was convicted for culpable homicide not amounting to murder instead of murder and sentenced to 3 years rigorous imprisonment.

The judgment cited examples from Ramayana and a recent Supreme Court ruling stressing the solemn nature of marriage in Indian society.

Edited By: Aparmita
Published On: May 28, 2024