As such, the Court concluded that there was a possibility that the appellant had been provoked before she attacked her husband with a stick, leading to his death.
“There used to be persistent quarrels between the deceased and the appellant. In one of such incidents, the leg of the appellant was fractured by the deceased, and a case was already pending against him for the said offence. In our considered view, the appellant is entitled to benefit of doubt, inasmuch as the offence committed shall fall under Exception I of Section 300 IPC. Thus, the conviction under Section 302 IPC needs to be altered into Part-I of Section 304 IPC,” the top court stated.
Source: Barandbench
