The Supreme Court in the case Jai Karan Yadav vs State (NCT Of Delhi) observed and has set aside the murder conviction of a man accused of killing his wife and modified it to conviction under Section 304 Part II Indian Penal Code, 1860.
All this came, after the court found that the incident had occurred at the spur of the moment and the accused had taken immediate steps for shifting his wife to the hospital.
In the present case, the accused was charged of murder of his wife and in this case the sole eyewitness account recorded was of his seven years old daughter. His conviction by the Trial Court under Section 302 IPC was upheld by the Delhi High Court. Before the Apex Court, it was contended by the appellant that even if the incident is accepted in the manner in which it had occurred, it was at the spur of the moment.
It has also been noted by the court that there being a detailed consideration made by the Trial Court and the High Court about the veracity of the evidence tendered by the child witness. Further, the bench noted that the child witness had stated that her mother said something to her father on which the father started beating her mother ; that she was not able to open the latch of the door to her house and she thereafter went there ; that immediately her father had dressed up and had moved her mother to the Hospital
The bench comprising of Justice AS Bopanna and Justice PS Narasimha observed that theses aspects of the case would indicate that there was no pre-mediation for causing the death and the incident had occurred at the spur of the moment and the appellant having realised his mistake had thereafter taken immediate steps for shifting his wife to the hospital but unfortunately she breathed her last.
Therefore, the bench modified the conviction to Section 304 Part II of IPC. As already the accused has undergone more 12 years of sentence, the court stated that the period undergone will be sufficient punishment.
