6 years on, woman’s conviction modified

Justice M Nirmal Kumar passed the order on partly allowing the petition filed by the woman. The petitioner asked the court to set aside the order of an additional district/sessions judge in Hosur, Krishnagiri district, sentencing her to five-year rigorous imprisonment.
Madras High Court
Madras High Court

CHENNAI: The Madras High Court modified an order of a trial court convicting a woman to a five-year jail term for causing the death of her husband by pouring boiling oil on him in a fit of rage.

Justice M Nirmal Kumar passed the order on partly allowing the petition filed by the woman. The petitioner asked the court to set aside the order of an additional district/sessions judge in Hosur, Krishnagiri district, sentencing her to five-year rigorous imprisonment.

According to the prosecution, since the deceased scolded the petitioner for the delay in serving him pappad along with the food, the latter allegedly poured boiling oil on him. After being treated for 28 days, he died. Therefore, a case was filed under Section 304 (ii) – punishment for culpable homicide not amounting to murder.

Recording the submissions, the judge held that it could be seen that the victim had died 28 days after the incident. Further, the reason for death is ‘septicemia due to burning injuries’ which might be for various reasons including improper medical treatment and care.

“There is a dearth of medical records of the deceased and for what reason, the doctors who treated the deceased and the corresponding medical records not produced, are not known,” the judge added.

Justice Kumar set aside the conviction of the trial court dated January 4, 2016, by altering the case from Section 304 (ii) to Section 326 – for voluntarily causing grievous hurt by dangerous weapons. Since she had undergone the incarceration period, the court ordered the authorities to release her.

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