Assault leading to wife’s death: HC scraps murder charges in 2 cases
The Bombay High Court set aside charges of murder in two separate cases,in which two women were assaulted by their husbands leading to their death. The court convicted them of a lesser charge of culpable homicide not amounting to murder.
The court observed in both cases the assault took place after heated arguments and that the action was not premeditated.
In one of the cases Dr Abdul Gaffar Shaikh was held guilty of culpable homicide with knowledge that assault may lead to death, but without the intention to do so. In this case, a woman Tahirabanu Ansari, had also assaulted Shaikh's wife and charges of murder were dropped.
In second case, Vasant Hadal had assaulted his wife causing her death. Lawyer for accused in both cases Arfan Sait argued that the assault was not premeditated but happened on spur of moment in a fit of anger.
A division bench of justices V K Tahilramani and Sadhana Jadhav said, "In this case, evidence shows parties had worked themselves into a fury on account of a verbal altercation."
The judges further noted that the accused in the first case had not armed themselves beforehand with a weapon and had assaulted victim Rukkaya with a cable wire.
In the second case, Hadal had assaulted his wife Patubai, who later succumbed to her injuries.
While in the first case, the accused were sentenced to seven-years imprisonment, the accused in the second case was sentenced to eight-years rigorous imprisonment.
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