'Tormenting' wife’s body after murdering her: HC awards man life sentence

NT Correspondent

Bengaluru: Overturning the acquittal of a man accused of murdering his wife, the High Court sentenced him to life imprisonment noting that the “acquittal has led to injustice.” The HC recorded that he had tormented her body after the murder.

“The accused who is the ordinary course should have been the protector of the deceased, has turned out to be her predator. He has tried to screen the evidence of offence, projecting that the death was due to electrocution. After her death also he tormented her body, burning her neck with an electrical coil in a ghastly manner,’ the HC said.

The murder had taken place on August 29, 2011. The accused had demanded money from his wife which she refused. She did not allow him to sell the vessels at home for his alcohol addiction. While she slept he smothered her. Then he pressed the electric coil on her neck to make it look like she had died due to electrocution.

Thereafter he attempted to commit suicide by consuming pesticide and stabbing himself. In 2016, the Trial Court acquitted him of the charges against him. This was challenged by the State before a division bench of the HC. The bench of Justice KS Mudagal and Justice Rajendra Badamikar gave its judgment recently.

“The trial court has failed to appreciate the evidence on record and the applicable law in accordance with principles laid down by the Hon’ble Supreme Court. Such judgment of acquittal has led to injustice. The accused is liable to be convicted for the offences punishable under Sections 302 (murder) and 201 (causing disappearance of evidence) of the IPC,” the HC said.

The accused was however acquitted of the offence under Section 309 (attempt to suicide) as the lower court had failed to even record the evidence. Since over 12 years had lapsed and he was already convicted for life for murder, the HC said it would be just and reasonable to acquit him of the charge under Section 309.

Imposing a life sentence for murder, the HC said, “In the present case, the respondent/accused has committed murder of his wife in his house. The motive of the offence was resistance of the victim to the accused for selling the vessels in the house for his alcohol addiction. By the time of the offence, the respondent and the victim were married for 13 years and had two children aged 10 and 9 years. The case does not lie under the rarest of the rare cases to impose the sentence of death. Therefore, it is a fit case to sentence the accused to imprisonment for life with fine.”