The Madhya Pradesh High Court has reduced the life sentence of a man convicted of killing his seven-month-pregnant wife to seven years of rigorous imprisonment, observing that the offence was committed under “sudden and grave provocation” rather than as a premeditated act.
The division bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh in its judgment dated June 18 partly upheld the appeal of Shiva Kahar who hailed from Chhindwara district where he was convicted for murdering his wife Kiran in September 2021.
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As per the prosecution case, Kiran, who was seven months pregnant, had died after being allegedly hit by Kahar on the head with a stone amid a family dispute.
High Court rules crime as non-premeditated one
According to court records cited by PTI, Kahar stated that an argument broke out between the couple on September 18, 2021, during which his wife allegedly remarked that she could “have a thousand husbands” like him.
He further said that he got angered with the statement made by her and hit her with a stone lying nearby and after that he informed his father-in-law about the whole matter.
“Considering the facts and circumstances of the case, we find that it was not a pre-meditated offence,” the bench observed in its judgment, according to PTI.
The judges further noted that the remark amounted to an indirect reference to the “worthlessness” of the husband.
“When a wife refers to her husband that ‘she can keep thousand husbands like him’, it is an indirect/oblique reference to worthlessness of the husband… Therefore, it can be termed as a sudden and grave provocation,” the court observed.
Trial court had awarded life imprisonment
A trial court in Chhindwara had previously convicted Kahar and awarded him the punishment of life imprisonment for murdering his wife.
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But the High Court ruled that even though the act led to death, from the facts it was clear that the offence was committed “in the heat of the moment” and did not qualify to be considered as premeditated murder with the intention to kill.
As such, the High Court changed the punishment and sentenced Kahar to seven years of rigorous imprisonment.
This decision has shed light on the doctrine of “sudden and grave provocation”, an exception provided by criminal law where the punishment is lesser if an offence is committed in “sudden and grave provocation.”
FAQs
Q1. Why did the Madhya Pradesh High Court lower the punishment?
The High Court decided that the accused committed the offence in “sudden and grave provocation” and that it was not premeditated.
Q2. What was the punishment given to the accused originally?
A trial court in Chhindwara had punished the accused, Shiva Kahar, with life imprisonment before the High Court reduced the sentence to seven years of rigorous imprisonment.
