A finds his wife having sexual intercourse with Y.  A is suddenly and gravely provoked and kills Y. A is charged of murder. Decide.

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  • A finds his wife having sexual intercourse with Y.  A is suddenly and gravely provoked and kills Y. A is charged of murder. Decide.
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Answer:

A is guilty of the offence of culpable homicide not amounting to murder (exception to murder) dealt under Sec. 300 of the Indian Penal Code – Exception clause 1.

 

Though the offence committed by A is actually murder, because of the presence of certain extenuating circumstances in the commission of the offence, the law takes a lenient view and convicts the accused with a reduced punishment.

 

Murder is committed in the following ways:

 

  1. Causing death with the intention of causing death,

 

  1. Causing death with the intention of causing such bodily injury as the offender knows to be likely to cause death.

 

  1. Causing death with the intention of causing bodily injury to any person sufficient in the ordinary course of nature to cause death.

 

  1. The person committing the act knows that his act is so imminently dangerous that it must, in all probability cause death or such bodily injury as is likely to cause death.

 

As per Sec. 300 exception clause (1), due to sudden and grave provocation, if any person loses his control and causes the death of the person who gave the provocation, or any other person by mistake or accident, then such person is not punishable for murder, but only for culpable homicide.

In the given case:

 

  1. The accused A was deprived of the power of self control, as he suddenly sees his wife having sexual intercourse with Y.

 

  1. The death of Y was caused only out of the grave and sudden provocation. Commission of adultery by wife within the sight of husband is a sufficient grave provocation.

 

Hence, A is guilty of culpable homicide not amounting to murder under the Exception of Sec. 300, read with Sec. 304 which provides punishment for culpable homicide not amounting to murder which is life imprisonment or imprisonment for a term which may extend to ten years and shall also be liable to fine.

Last Updated On January 30, 2018
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