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Wife refused to make tea does not amount to serious and sudden provocation: Bombay High Court
The Bombay High Court held that the belief regarding the women being a property of the husband still exists in the mindset of the majority.
A man demanded that his wife make tea for him but she refused to do so. And for this reason, the man attacked her causing her to get injured. Both the husband and wife used to argue with each other. The husband used to doubt the character of his wife. The husband objected to her going outside the house and at that time demanded that she make tea for him, which she refused to do. This led to her husband hitting her head with a hammer. Their six-year-old daughter has seen the incident where her mother was injured by her father.
After this incident, the appellant took a bath and then he cleaned the blood stain from the area, and, then took his wife to the hospital. Upon arrival, her condition was serious and so, she was transferred to another hospital. but unfortunately, succumbed to her injuries. The appellant stated that the act was committed by him on provocation that his wife had refused to prepare tea for him. The trial court denied considering the statement given by their six-years old daughter on the ground that the statement was recorded late after 12 days. The High Court stated that the submission of the appellant of committing an act under provocation cannot be considered and so, it deserves to be rejected. during the cross-examination of the daughter, Justice Dere noted that the statement of the six-year-old child supports the facts of the case and so, it cannot be denied. Justice Dere contended that the statement was recorded late because the child was traumatized due to the incident.
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