The Delhi High Court has upheld the life imprisonment of a man who was convicted of stabbing his wife to death 21 times with a peeler knife, saying he acted in a cruel manner in brutally assaulting his wife without any provocation.
A Bench of Justice Sunil Gaur and Justice Prathiba M. Singh dismissed the appeal of Devender Dass saying it was without any substance and upheld his conviction and sentence of life imprisonment by a trial court here.
“To say the least, we find that instant case is of brutal murder and not of ‘culpable homicide not amounting to murder’. Appellant [Dass] had acted in a cruel manner in brutally assaulting the deceased without any provocation,” the Bench remarked.
Dass had murdered his wife on the intervening night of October 31 and November 1, 2012 by stabbing her 21 times with a peeler knife and hitting the head with a brick. He committed the crime following a quarrel with his wife. The incident had come to light when the man’s landlord informed the police. It also emerged from the evidence on record that Dass was an alcohol addict and used to quarrel with his wife frequently.
Counsel’s argument
The counsel for Dass had contended that the offence committed would not come within the purview of Section 302 (murder) of Indian Penal Code as his client was a drunkard and in a fit of anger, he had assaulted his wife.
The counsel argued the offence committed by Dass would come under the purview of culpable homicide not amounting to murder. He said Dass has by now undergone sentence of about six years and he is not a previous convict and that his conduct in jail is satisfactory.
He pleaded the court to reduce the sentence awarded to Dass to the period already undergone by him, as he has to support his children who are of minor age.
Brutal assault
However, the court noted that the assault on the woman’s head was “so brutal” that it resulted in fracture of underlying skull bone.
“Upon considering the nature of injuries caused to deceased, we find that the assault on the head of deceased was so brutal that it resulted in fracture of underlying skull bone,” the Bench remarked.
“It is quite evident that Dass had brutally assaulted his wife. So, in our opinion, in the instant case, it cannot be said that the offence committed by Dass is ‘culpable homicide not amounting to murder’. It is a case of brutal murder,” it said.
