Wife’s ‘thousand husbands’ barb ‘grave provocation’ that led to her killing: HC cuts man’s life term

The Madhya Pradesh High Court has reduced the life sentence of a man accused of killing his pregnant wife to seven years jail term, noting that the assault was not “premeditated” but a “sudden and grave provocation” to her remark that she “can keep a thousand husbands” like him.

In its verdict delivered on June 18, a Division Bench of Justices Vivek Agarwal and Avanindra Kumar Singh noted that the remark made by the woman was an indirect/oblique reference to the worthlessness of the husband, which signified that he has no value as a human being or a husband.

According to the prosecution, Shiva Kahar, a resident of Chaurai block in Chhindwara, murdered his wife Kiran on September 18, 2021, when she was seven months pregnant.

Kahar struck her on the head with a stone, resulting in her death. After the incident, he himself called his father-in-law and informed the police station about his wife’s murder, following which he was arrested, the prosecution said.

The accused had stated in his statement that on the day of the incident, he and his wife Kiran had an argument, during which she said, “I will have a thousand husbands like you.” This angered him and he hit Kiran on the head with a stone lying nearby, which led to her death.

The Chhindwara District Court had sentenced Kahar to life imprisonment for her killing. But an appeal was later filed in the MP High Court against the sentence.

Talking about the High Court’s verdict, the prosecution said that in this case of murder of his wife by the man due to her “sudden grave provocation”, the HC has reduced the life imprisonment of the accused to seven yeas of rigorous imprisonment.

The HC stated that the murder was not premeditated, but rather a sudden and grave provocation caused by the wife’s alleged abusive words.

In its order, the Bench said, “Considering the facts and circumstances of the case, we find that it was not a premeditated offence, the stone lying nearby was used to cause injury to Kiran which resulted in her death; and after the incident, he (accused) himself informed the incident to the police and relatives of the Kiran.”

“When a wife refers to her husband that ‘she can keep thousand husbands like him’ it is indirect/oblique reference to worthlessness of the husband, meaning he has no value as a human being or a husband. Therefore, it can be turned as a sudden and grave provocation,” it said.

“Considering the overall facts and circumstances of the case, while maintaining the conviction for culpable homicide not amounting to murder, we find that case would not fall under 304 Part-I of the Indian Penal Code (IPC) but would fall under Section 304 Part-II of IPC.

Accordingly, the appellant is convicted under Section 304 Part-II for causing the death of his wife. He is directed to undergo a rigorous imprisonment of seven years with fine of ₹1,000. If the fine is not paid, he has to serve one more year of rigorous imprisonment.

Section 304 Part-1 of the Indian Penal Code (IPC) penalises culpable homicide not amounting to murder” where the act is committed with the intention of causing death or bodily injury likely to cause death. Part-II applies when an accused causes death with the knowledge that their act is likely to cause death, but acts without any premeditated intention to kill or to cause fatal bodily injury.