Humans are often provoked when called impotent. The Bombay High Court recently released a man, reducing his life imprisonment to 12 years. The case involved the man killing his wife, as detailed in Nandu dada Survase Vs State of Maharashtra.
The High Court observed that the case falls under the sudden and grave provocation ground. This falls under the category of culpable homicide not amounting to murder. In fact, There was not any premeditative intention to commit the offence.
The incident happened during an altercation on a busy road near the bus stop. The deceased physically and verbally assaulted the accused. As a result, the accused lost self-control and committed the offense.
“Legal Analysis: High Court’s Ruling on Provocation Defense in Assault Case and Release of Accused”
Firstly, The high court noted that the offense wasn’t premeditated, falling under exception 4 of section 300 of IPC. During a heated argument on a busy road, the deceased provoked the accused by insulting him. The accused, unable to control himself, hit the deceased with a sickle he carried for work.
The High court observed that it is a nature of a human to get provoked being called impotent, so the case comes under section 304(II) of IPC. Finally, Court has released the accused as he was under imprisonment for 12 years.
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The appellant and the deceased had been married for 15 years and got separated for four years before the incident took place they have 3 children from their wedlock.