The judgement was delivered by justices Sadhna Jadhav and V K Tahilramani last week in an appeal filed by Ravindra Nalawade against a Pune Sessions court order of July 2006, sentencing him to rigorous imprisonment (RI) for life for murdering his wife, Malu, as he suspected her fidelity.
The judges quashed the order which found Nalawade guilty of murder of his wife by banging her head against the hard floor in their house at Otur village near Pune in January 2005, following which she died due to internal injuries sustained on her head.
Instead, the judges found him guilty of culpable homicide not amounting to murder (304 II IPC) and sentenced to him to eight years' RI.
However, as the convict had already undergone the jail term of eight years, he was ordered to be released.
The judges held that the husband had gone to the police station along with his father-in-law after Malu sustained injuries. He did not run away after assaulting her. No weapon was used in the crime and the victim had sustained simple injuries indicating that her husband had no intention to kill her and that he had hit her in a fit of rage after a quarrel.
"There was a quarrel between the couple. The hair of Malu was dishevelled. Her earrings had fallen on the ground and the things in the room were scattered. The injuries sustained by Malu were simple in nature. The injury would demonstrate that Malu was pushed hard against the floor due to which she sustained internal injuries," they noted.
The court considered doctor's opinion that the said injuries could be possible due to dash against the hard floor.
The couple were married in November 2003 and stayed in Otur. On January 10, 2005, she went to meet her parents in another village and stayed there. She told her family that she was being harassed by her husband who suspected her character.
The next day they returned to Otur village when the couple had a quarrel and Nalawade banged her head.
However, Malu's parents were informed that she was serious. They found her dead lying on bed with blood oozing out from ear. She had some abrasions on her forehead and palm.
Mumbai: The Bombay High Court has acquitted a man of the charge of murdering his wife and instead convicted him for culpable homicide not amounting to murder, while ruling that he had no intention to kill her.
First Published: Friday, February 15, 2013, 13:53