October 28, 2015 3:13:32 pm
A man who beat his wife to death after she came home drunk has been sentenced to 10 years in jail by a Delhi court which noted that he “mercilessly” assaulted her to in a fit of rage. The court convicted Vinod Kumar, a south Delhi resident, of the charge of culpable homicide not amounting to murder under the IPC saying, “It was nothing but the objectionable conduct and behaviour of the victim, which was seemingly not approved by him and in a fit of rage he mercilessly assaulted her. Motive was to punish her unapproved conduct.”
Additional Sessions Judge Vimal Kumar Yadav, while reducing the murder charge, said, “The absence of the victim from the house and her coming back home at around 10 PM, that too drunk, was the reason which triggered anger.”
“A husband getting angry in such a situation is not unusual but the accused should have controlled the anger and certainly should not have resorted to the kind of assault which was there on the deceased. Nevertheless in these circumstances, the intention to kill is difficult to infer, but intention to cause bodily harm is very much there,” the judge said.
The court, while awarding rigorous imprisonment, also imposed a fine of Rs 20,000 on him saying his act needs to be taken into account and there being no justification, it needs to be condemned and punished.” It held Vinod guilty under section 304 (II) (an act done with knowledge that it is likely to cause death, but without any intention to cause death) of IPC.
The court noted that Vinod and the victim Sumita had a love marriage and in these circumstances, “there should not have been any occasion between the couple to reach a stage where one party of the marriage became a victim at the hands of the other that too where one gets killed in process.”
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