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Calcutta HC Reduces Husband's Murder Sentence

Summary

  • Life imprisonment reduced to culpable homicide not amounting to murder.
  • Court cited husband's intoxication as a factor in the decision.
  • Accused already served 13 years for setting wife on fire.

In a significant ruling, the Calcutta High Court has reclassified a murder conviction to culpable homicide not amounting to murder. This decision pertains to a man who, on December 18, 2011, set his wife on fire in Murshidabad after she refused to give him an earring for gambling. The court observed that his intoxication at the time might have played a role, stating, "Had he not been drunk, he 'may' not have committed the murder."

This reclassification means the man, Aktar Sk, will have his sentence reduced. He had already spent 13 years serving a life sentence for murder. The offense is now considered under Section 304 (part II) of the Indian Penal Code, with a maximum sentence of 10 years, significantly less than life imprisonment.

The bench noted the couple's 17-year marriage and the husband's actions after the incident, such as calling a doctor and arranging transport for his wife, suggesting a potential lack of intent to kill. The victim's dying declaration to hospital doctors about the incident formed key evidence, though the court found it insufficient to prove intent for murder.

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