Introduction
An appeal was made by the petitioner against a judgment passed against him penalizing him with rigorous imprisonment of a lifetime and a fine of rupee 5000/- for murdering his wife.
Facts of the case
The brief of the case is that on 07.07.2007, an argument began between the accused and his wife Ankara Mog relating to family affairs because the accused was reluctant to earn for the family. Following this, the accused stabbed his wife multiple times and fled away. Hearing the cry of the victim, her son Mongsai Mog woke up from his sleep and found his father leaving the house and his mother was on the floor with bleeding injuries. In dire need of help the son called his aunt Mrachu Mog who on being informed reached the house of the victim along with others and arranged hospitalization for the victim at the Jolaibari PHC wherefrom she was referred to T.S. District Hospital, Udaipur and on the following morning i.e. on 08.07.2007 the victim succumbed to her injuries at the said hospital.
Arguments made on behalf of the petitioner
Mr. N. Majumder, learned counsel appearing for the convict appellant, has submitted that the nature of accusation as leveled against the convict does not come within the parameters of Section 302 of IPC.
Furthermore, the convict has already suffered more than 15 years and has urged the Court to appreciate that there was no eyewitness to the offence as alleged. Learned counsel for the appellant has further submitted that the evidence of the son of the victim against the appellant was not credible as a child witness and conviction is bad in law based on his statement.
Arguments made on behalf of the respondent
Mr. S. Ghosh learned Addl. P.P. has submitted that in the instant case the prosecution has been able to prove its case He has further argued that the son of the victim and the appellant at the time of occurrence was aged about 13 years and his evidence in course of the trial was found to be of much credibility. Further presentation of evidence also stated that the victim was stabbed thrice and succumbed to death due to the injuries from it and the appellant convict had surrendered before the local police station.
The decision of the Court
After thoroughly reviewing evidence presented, arguments made and witness statements gave the court arrived at the decision that due to quarrel exhibited by both the deceased and the appellant, the latter lost self-control and hit his deceased wife in the abdomen and thus the offense attracts the 1st exception of Section 300 IPC. This is why the present appeal is partly allowed.
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