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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 February 2012

Hc sets free woman who killed lover

NEW DELHI: A woman who burnt to death her live-in partner in a fit of rage has been set free by Delhi high court after she spent seven years in jail.

A division bench comprising Justice Ravindra S Bhat and Justice S P Garg reduced the charge slapped on the woman from murder to culpable homicide not amounting to murder and set free the convict on period undergone.

"We notice she has already remained in custody in this case for more than seven years. Ends of justice would be met if she is sentenced to undergo imprisonment for the period already spent by her in custody. Her conviction for murder is set aside and she is convicted for committing culpable homicide not amounting to murder," the bench noted.

It took into account the circumstances that indicated Attro Devi had no intention to kill her partner but poured kerosene and set him on fire during a heated quarrel.

Devi, who became a widow at a very young age, became friends with the victim, Anup Singh. Both began living together without getting married. On the day of the incident in 1992, Singh returned home in an inebriated and handed over some money for monthly household expenses to Devi. Soon an argument ensued between the two when she demanded more money, which he refused. Devi poured kerosene on him and set him on fire.

Though Singh survived with burn injuries and gave his statement to the police, he later succumbed to his injuries. In his statement, Singh said he was set on fire by Devi in the midst of a quarrel. However, the trial court convicted her for the offence of murder and awarded life imprisonment.

But HC modified the punishment, saying Devi didn't kill her live-in partner in a pre-meditated fashion and the offence happened in the heat of the moment.
 
SOURCE: The Times of India


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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 February 2012

A grossly lenient punishment. Circumstantial evidence was clinching. Husband left 3 consistent dying declarations recorded by Doctor/SI/Friends - coherent and consistently describing the brutal murder. Instead of letting it fall within 300 Part I or IV. Court took it to Exception 4 - Grave & Sudden Provocation, and set off 7 years detention undergone and released her.If had been committed by a man - we'd be discussing rarest of rare here. A classic example of how the fair s*x gets a fairer treatment in the courts. 

1 Like

(Guest)

Absolutely Bharat Sir...

Man have no Shelter other than God....If it was done by Man, He was Book for Adultry Charges too.
My Eyebrows raised looking at her Background??

She is "Widow".. what happened to her first husband? Just Not providing Money she pur Keroscene and burn him.

If it was Man by now Lot of charges have been putted by Now by So called Law.
Women are no more weaker S*x, They can Weak anyone.. By bombing False allegations
 


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