Wife’s taunt regarding husband’s worthlessness constitutes grave and sudden provocation, warranting conviction under Section 304 Part-II IPC.

The Appellant, Shiva, was convicted by the Additional Sessions Judge, Chaurai, for the murder of his wife, Kiran, under Section 304-I of the IPC and sentenced to Life Imprisonment

On the night of July 18-19, 2021, while the couple was near the Kulbaheri River, the deceased taunted the Appellant by stating she could have "thousands of husbands like him"

In a state of anger and intoxication, the Appellant pelted her with stones, resulting in her death

Kiran was seven months pregnant at the time

Following the incident, the Appellant himself called the police and his father-in-law to confess to the killing

1. Whether the act of the Appellant in causing the death of his wife amounted to murder or fell under the exceptions of culpable homicide not amounting to murder due to grave and sudden provocation

2. Whether the conviction under Section 304 Part-I IPC was sustainable or required modification to Section 304 Part-II IPC based on the nature of the injuries and absence of premeditation

Section 300, Exception 1 of the IPC, which states that culpable homicide is not murder if the offender is deprived of self-control by grave and sudden provocation

The court distinguished between Section 304 Part-I (act done with intention of causing death/bodily injury likely to cause death) and Part-II (act done with knowledge that it is likely to cause death but without intent)

Nawaz v. State (2019) 3 SCC 517, where verbal insults regarding character were deemed grave provocation

Nandu Dada Survase v. State of Maharashtra (2022), where an insult to a husband’s masculinity was held to be a mitigating provocation

The Court observed that the incident was not premeditated; rather, the Appellant used stones found at the riverbed in the heat of passion following a verbal provocation

The Court highlighted that the Appellant’s conduct—calling the police and relatives immediately after the act—indicated a lack of murderous intent, as a person intending to commit murder would typically attempt to hide the crime

Medical evidence by Dr. Pandey (PW-8) suggested that the fatal injuries could have been caused by a single blow or a fall on sharp-edged stones at the site

Drawing from Nawaz, the Court reasoned that the deceased’s statement ("I can have 1000 husbands like you") constituted an "oblique reference to the worthlessness of the husband," amounting to grave and sudden provocation in the context of Indian society

Consequently, the Court found that while the Appellant had knowledge that his act was likely to cause death, the specific intent for murder or Part-I homicide was not sufficiently established

The Court held that the verbal taunt triggered a loss of self-control, qualifying the act as culpable homicide not amounting to murder

The sentence of Life Imprisonment was set aside and reduced to 7 years of Rigorous Imprisonment with a fine of Rs. 1,000, and an additional 1-year RI in default of payment