In its order on an appeal by convict Rajesh, a division bench comprising Justices K N Basha and P Devadass said for a fairly long time, the accused had nurtured in his mind his wife's conduct and was upset with it.
In these circumstances, the triggering incident was a quarrel prior to the offence and her previous provocative conduct, resulting in the man losing his power of self-control, not being master of his mind, the judges said.
Prior to the commission of the offence, there was an altercation between the man and his wife and he had fatally hit her on the head with an iron rod, the judges said.
"Thus, the accused had killed her actuated by her past provocative conduct," the judges said.
The court, however, confirmed the one year rigorous imprisonment imposed by the trial court for subjecting his wife to cruelty.
The prosecution case was that it was a love marriage between Rajesh and Parveen Banu and they had a son and daughter. He suspected his wife of having an illicit relationship leading to frequent quarrels between them. On August 3, 2009, there was an altercation between them following which he fatally struck her with an iron rod.
The Erode fast track court sentenced him to one year RI under section 498-A (Husband or relative of husband of a woman subjecting her to cruelty) and life imprisonment under IPC section 302 (punishment for murder).
The judges said an exception had been provided in IPC section 300 (Murder) under which an offence committed when the offender had lost his power of self-control due to grave and sudden provocation, would not amount to murder but culpable homicide not amounting to murder.
