The Madhya Pradesh High Court has reduced the life sentence of a man accused of killing his pregnant wife to seven years in jail, citing that the assault was not premeditated but a sudden and grave provocation to her remark. The court noted that the woman’s comment, stating she could keep a thousand husbands like him, was an indirect reference to the worthlessness of the husband, signifying that he has no value as a human being or a husband. This remark, according to the court, was a grave provocation that led to the killing.
The incident occurred on September 18, 2021, when Shiva Kahar, a resident of Chaurai block in Chhindwara, murdered his seven-months pregnant wife Kiran by striking her on the head with a stone. After the incident, Kahar informed the police station about his wife’s murder, following which he was arrested. The Chhindwara District Court had initially sentenced Kahar to life imprisonment for her killing, but an appeal was later filed in the MP High Court against the sentence.
The High Court stated that the murder was not premeditated but rather a sudden and grave provocation caused by the wife’s alleged abusive words. Considering the facts and circumstances of the case, the court reduced the life imprisonment of the accused to seven years of rigorous imprisonment. The court also directed the appellant to pay a fine of ₹1,000, and if the fine is not paid, he has to serve one more year of rigorous imprisonment.
The case was shifted from Section 304 Part-I of the Indian Penal Code (IPC) to Section 304 Part-II, which applies when an accused causes death with the knowledge that their act is likely to cause death, but acts without any premeditated intention to kill or to cause fatal bodily injury.
