'Sudden Provocation As Rs 500 For Daughter Not Given' : Supreme Court Modifies Murder Conviction Of Wife Who Killed Husband

The Supreme Court altered conviction of a woman accused of killing her husband from Section 302 IPC to Section 304 Part 1 IPC. "The possibility of the accused causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased not agreeing to pay Rs.500/- to her daughter cannot be ruled out", the bench of Justices B R Gavai and J B Pardiwala observed. "Even after a careful scrutiny of the testimony of Priyanka, we find that it will be difficult to sustain conviction under Section 302 of the IPC.t is not in dispute that the relations between the deceased on one hand, and the other members of the family consisting of the appellant, wife of the deceased, his son, the original accused, and Priyanka daughter of the deceased, on the other hand, were not cordial", the bench said. The Court noted that the wife has already been incarcerated for a period of almost 9 years, and, ordered that the sentence already undergone would serve the ends of justice Case details Nirmala Devi vs State of Himachal Pradesh | 2023 LiveLaw 585 | 2023 INSC 662 Headnotes Indian Penal Code, 1860 ; Section 302, 304 Part 1 - Conviction altered from S 302 to S 304 Part 1 - he possibility of the appellant causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased cannot be ruled out - The weapon used in the crime is a stick which was lying in the house, and which, by no means, can be called a deadly weapon - it will also be necessary to take into consideration the background in which the offence took place.