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.
|ON 1st 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.
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.
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.
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.
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.
CASE LAW REFERES BY THE COURT
Anbazhagan v. State represented by the Inspector of Police
 BY JUSTICE B R GAVAI in case of Nirmala Devi Vs State of Himachal Pradesh.
 BY JUSTICE B R GAVAI in case of Nirmala Devi Vs State of Himachal Pradesh
LINK OF THE ORIGINAL JUDGEMENT