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Drunk Husband's Rage: Wife Set Ablaze for Earring
26 Feb
Summary
- Court cited husband's intoxication as a factor in reducing sentence.
- Wife was set on fire for refusing to give her earring for gambling.
- Man served 13 years of a life sentence for murder.
The Calcutta High Court has reduced a murder conviction to culpable homicide not amounting to murder for a man who set his wife on fire. The incident occurred on December 18, 2011, when the husband, Aktar Sk, returned home intoxicated and demanded his wife's earring for gambling. Upon her refusal, he set her ablaze. He had been serving a life sentence for 13 years.
The division bench, comprising Justice Rajasekhar Mantha and Justice Md Shabbar Rashidi, highlighted that the couple had been married for 17 years. They observed that if the husband had intended to kill his wife, he would not have sought medical treatment for her or arranged for her transport to the hospital. The wife's dying declaration to hospital doctors indicated the husband's actions but did not conclusively prove an intent to kill.
The court further noted the lack of evidence regarding torture and the absence of previous complaints. The delay in reporting the incident by the victim's brother also supported the defense's argument against a murder charge. The maximum sentence for culpable homicide not amounting to murder is 10 years.
