The Supreme Court on January 22, 2019, in the case of Nawaz v. The State Rep. by Inspector of Police has held that husband calling his wife and daughter prostitutes would amount to sudden and grave provocation under Exception I of Section 300 of the Indian Penal Code, 1860.
A Bench comprising of JusticesMohan M. Shantanagoudar and Dinesh Maheshwari was hearing an appeal filed against the judgment passed by the High Court wherein it confirmed the conviction of the appellants passed by the Trial Court under Section 302 read with Section 34 and Section 201 of the Indian Penal Code, 1860.
In this case, the Accused No. 1 had an illicit relationship with Accused No. 2 Nawaz. The Accused no. 1 was the wife of the deceased.
The deceased used to suspect the fidelity of Accused No. 1 as well as his daughter’s integrity. He was of the opinion that Accused No. 2 not only had an illicit relationship with Accused No. 1 but also with the elder daughter of the deceased.
On the date of the incident at about 9.00 am, the deceased quarrelled with Accused No.1 and called her a ‘prostitute’. He also told her that Accused No. 1 has converted their daughter into a prostitute as well.
At that point of time, Accused No. 2 came from the first floor and asked the deceased not to quarrel with Accused No. 1 and her daughters. Since the deceased did not stop, Accused No. 2 slapped the face of the deceased. Immediately thereafter, both the accused throttled the deceased with the help of a towel and burnt the dead body to try to conceal the offence.
The Supreme Court after going through the material on record observed that the act of the deceased in calling his wife and daughter prostitutes amounted to sudden and grave provocation which resulted in the incident in question.
“Immediately, after hearing the deceased calling the Accused No. 1 and her daughter as prostitutes, the Accused No. 2 suddenly slapped the cheek of the deceased. Immediately, after receipt of said assault, the deceased fell down unconscious and thereafter he was throttled to death. Everything has occurred in the fraction of a minute. Since the accused, because of the aforesaid conduct of the deceased calling accused No. 1 and her daughter as prostitute, was deprived of the power of self-control. The sudden provocation by the deceased has resulted in the incident in question. The deceased provoked the accused No.1 by uttering the word ‘prostitute,” the court noted.