Gujarat High Court saves man charged with wife’s murder over a petty dispute on dal

Source: dnaindia.com

A man, named Kamaruddin Mansuri, who murdered his wife by setting her on fire over a petty dispute on ‘dal’, and was sentenced to life imprisonment by a trial court, has been saved by the Gujarat High Court on the ground that the incident has happened on account of a sudden quarrel and there was no premeditation. The court modified the sentence of life imprisonment to 10 years in jail.

The couple fought over the preparation of dal instead of vegetable for lunch, and in a fit of rage, the husband poured kerosene and set his wife on fire. However, later the man himself tried to douse the flames with water, called an ambulance, and admitted her in Shardaben Hospital’s burns ward. But the woman eventually died after eight days on Sept 29, 2011, while undergoing treatment.

As per the case details, a sessions court in Ahmedabad, in November 2012, convicted Mansuri for murder, dowry demand, and voluntarily causing hurt. He was awarded life imprisonment for the offences committed by him. Mansuri filed an appeal against the lower court’s verdict before the High Court.

Counsel for Mansuri contended before the court that except for the oral deposition of the woman’s father, a witness in the case, there was nothing on record to show cruelty on his wife by him. It was also contended that the case falls under the category of culpable homicide not amounting to murder, as there was no intent or preparation. On the contrary, the counsel for the state government contended that the prosecution has proved the guilt of Mansuri beyond any reasonable doubt and there was a dying declaration that proved his offence.

Following the arguments, the court pointed out that the dying declaration does not prove that there was a dispute between the couple. The high court, while affirming the findings of the lower court on the basis of evidence, also took note of the fact that the woman died eight days after the incident, due to septicaemia.

CRIME OF PASSION

• After setting her on fire, the man himself tried to douse the flames with water, called an ambulance, and admitted her in Shardaben Hospital’s burns ward. But the woman eventually died after eight days on Sept 29, 2011