SC commutes life term to RI for Maharashtra couple

SC commutes life term to  RI for Maharashtra couple

 The Supreme Court has commuted the life term awarded to a couple for killing a rape accused to 10 years’ rigorous imprisonment. 

The court noted that the murder took place after the rape accused tried to prevent them from lodging a complaint with the police. The couple from Maharashtra approached the apex court after the Bombay High Court upheld their conviction for murder. 

The couple from Motigavan in Jalgaon district claimed that the accused Asaram entered their house at 6 pm on August 27, 1993, and raped the woman, when her husband and children were away.

Since it was raining heavily on the day, they decided to approach the police next day to file a complaint against Asaram. On their way to the police station, Asaram confronted them and threatened them with a knife. He sustained grievous injuries in the scuffle that ensued. The couple later went to the police and filed a complaint. But the police filed a case of murder against them as Asaram died in the evening of August 28.

The bench held that the case fell under the exception 4 of Section 300 (definition of murder) of the Indian Penal Code, which stated that culpable homicide is not murder if it is committed without premeditation, in a sudden fight in the heat of passion.

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