By drawing a distinction between intentional murder and culpable homicide not amounting to murder, the Telangana High Court (HC) has reduced a woman’s 4-year rigorous imprisonment to a fine of ₹500 for stabbing her husband to death during a heated domestic dispute.
What Happened in the Case
In Adilabad district of Telangana, the accused, Reshma, was at her parents’ house where the deceased, Foroz Khan, had come to meet his children since the couple had reportedly been living separately for a month.
As per reports, a fight broke out between the two, after which the deceased allegedly returned to her house naked while hurling abuses at her and her family. During the heated exchange, the accused suddenly stabbed the deceased in the neck, causing internal bleeding that led to his death.
Trial Court’s Earlier Conviction
Previously, the trial court had convicted the woman under Section 304 Part II of the Indian Penal Code (IPC), sentencing her to four years of rigorous imprisonment along with a fine of ₹500.
Why the Telangana High Court Reduced the Sentence
The Telangana High Court upheld the conviction but modified the punishment to a penalty of ₹500 under Exception 4 to Section 300 of the IPC.
Distinction Between Murder and Culpable Homicide
The court observed that the crime occurred in the “heat of the moment” without any premeditation or prior planning, thereby differentiating intentional murder from culpable homicide not amounting to murder.
Justice Tirumala Devi Eada, who heard the case, stated:
“The accused must have acted in a spur of anger and thus, has stabbed the deceased.”
What Happens If the Fine Is Not Paid
The High Court further directed that in case the accused defaults on the payment of the ₹500 fine, she would undergo one month of imprisonment.
