Murder for extramarital affair is culpable homicide: HC

Madurai, Aug 6 (UNI) In a significant judgement, the Madurai Bench of the Madras High Court ruled that a person, charged with slaying his wife for continued illicit relationship despite several warnings, could not be convicted for murder under section 302 of IPC.

A Division Bench, comprising Mr Justice M Chokkalingam and Mr Justice A Selvam, held that ''''considering the circumstances, the act of the accused does not fall under the ambit of murder but will amount only to culpable homicide and as such attracts section 304 part I of IPC.

Accordingly, the Bench modified the conviction and life sentence awarded by the Principal Sessions Judge (PSJ), Dindigul, and commuted it to seven years rigourous imprisonment (RI).

The Bench pointed out that the convict, Babu alias Michael of Dindigul, was forced by the village 'panchayatdars' to live with his wife though the latter had continued to indulge in extramarital relationship and was also heavy with a child on the day of marriage.

The offence was committed due to the provocation of the deceased, who disregarded the warnings of the convict about the persisting illegitimate relationship, it observed.

In the opinion of the Court, it would suffice to award a punishment of seven years RI, which would meet the ends of justice.

UNI CR MSJ PM1006