NIRMALA DEVI VS STATE OF HIMACHAL PRADESH (LATEST JUDGEMENT)

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NIRMALA DEVI VS STATE OF HIMACHAL PRADESH

By:- Shahezad Shaikh

On 1st August 2023, Supreme Court delivered judgment in Nirmala Devi VS State of Himachal Pradesh criminal appeal. In this the Supreme Court allowed the appeal, this appeal was heard by Justice B.R. Gavai.

BACKGROUND

ON 1^st December 2017 → JUDGEMENT and ORDER → passed by Additional Sessions Judge-II ( Trial Court- SOLAN) → Convicted → Present Appellant — Nirmala Devi → under section 302 and 201 of Indian Penal Code, 1860 → sentenced → imprisonment for life.
On 23rd May 2022 → Criminal Appeal file by Present Appellant → In High of Himachal Pradesh → Appeal was dismissed by High Court and uphold with judgement of session court.

ISSUE

fact in issue of the present case is that , the sentence imposed upon the appellant – accused under Section 302 IPC can be converted into part I or II of Section 304 of IPC?

FACT OF THE CASE

On 26th May 2015 → At 10:30 AM → the appellant – accused telephonically informed the police that her husband Mast Ram (deceased) was missing from → the previous night.
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On the same day → at 7:00 o’clock in the morning, the appellant – accused had found her husband → courtyard of the house stained with blood → took his body to a room in the house → died at about 10:00 AM.
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Ghungriya Ram → nephew of the deceased → informing him that → his maternal uncle Mast Ram had died in the morning → Thereafter, he filed a complaint on the same day → , stating therein that → Nirmala Devi and her son Vinod had strained relations with the deceased, and they often used to quarrel.
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On the basis of the complaint → FIR was registered → at Police Station Arki, Dist. Solan (H.P).
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The post-mortem → conducted → on 27th May 2015, and → Nirmala Devi and Vinod were
arrested.
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During their interrogation → , both the accused revealed that their relations with the deceased were not good, and deceased used to beat them regularly.→ on that day quarrel was also happed between deceased and her wife Nirmala devi → because their daughter asked money from deceased and he refused to give so quarrel was happed → During the course of the → Nirmala devi → gave several blows with the stick → to the deceased → As a result, Mast Ram died.
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The post-mortem report indicated → that the deceased had died due to → hemorrhagic shock
and oedema of brain.
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n completion of → the investigation, → a chargesheet was filed against
Nirmala Devi and Vinod → under section 302 and 201 of IPC read with section 34 of IPC.
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The Trial Court → convicted the Nirmala Devi → under Sections 302 and 201 of the IPC → imprisonment for life. And → Vinod – accused No. 2 → acquitted from all the charges which was against him.
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an appeal → before the High Court which was dismissed → vide the impugned judgment and
order.

Points Consider in the Judgement

The weapon which was used in the crime is a stick, this stick can not be called as deadly weapon. And therefore, the appellant Nirmala Devi is likely to have deprived her deceased husband of the power of self-control and caused death due to provocation by her deceased husband not agreeing to pay RS.500/- to her daughter.
The court also consider background in which the offence took place. Here there used to quarrels between deceased husband and appellant wife. and there is case pending against deceased husband in which he fractured the leg of the appellant.

VERDICT

the appellant is entitled to benefit of doubt, in as much as the offence committed shall
fall under Exception I of Section 300 IPC. Thus, the conviction under Section 302 IPC needs to be altered into Part-I of Section 304 IPC[1].

the appeal is allowed. The conviction of the appellant is altered from Section 302 of the IPC to Part-I of Section 304 of the IPC[2].

CASE LAW REFERES BY THE COURT

Anbazhagan v. State represented by the Inspector of Police

ENDNOTES

[1] BY JUSTICE B R GAVAI in case of Nirmala Devi Vs State of Himachal Pradesh.

[2] BY JUSTICE B R GAVAI in case of Nirmala Devi Vs State of Himachal Pradesh

LINK OF THE ORIGINAL JUDGEMENT

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