Lesser sentence for attacking wife with blunt weapon, not sharp edge

Observing that the accused assaulted the victim with a “blunt” weapon and not a sharper edge, Bombay High Court recently acquitted a man who was convicted for attempting to kill his wife.

The HC noted that the victim’s injuries were “simple” and not severe. The HC also held that not liking food cooked by wife would not amount to cruelty.

A single-judge Bench of Justice Anant Badar was hearing an appeal filed by Subhash Jadhav. He was arrested in July 2012 for assaulting his wife with a chopper as she had left the matrimonial house. The victim had sustained injuries and was given 32 stitches on her head. The sessions court had accordingly, convicted Jadhav under charges of attempt to murder and cruelty and sentenced him to 10 years’ rigorous imprisonment.

After considering the evidence, Justice Badar noted that Jadhav assaulted his wife with the blunt side of the chopper and not the sharper side. Justice Badar said, “Though the appellant (Jadhav) was armed with a weapon of 46.5-cm length with a sharp edge on one side, injuries inflicted were by blunt side of the weapon. The resultant injuries were simple in nature.”

“Considering the nature of injuries, it is difficult to conclude that the assault was with an intention to commit murder of victim,” Justice Badar added.

Justice Badar also trashed the contention of cruelty wherein the wife had claimed that her husband would often beat her as he disliked the food she made.

“Assault by Jadhav for the reason that he did not like food cooked by her, indicates domestic cruelty rather than legal cruelty. This will not fall under the purview of definition of cruelty,” Justice Badar said.

Accordingly, Justice Badar convicted Jadhav for voluntarily causing hurt to his wife and sentenced him to three years’ rigorous imprisonment.

Though the appellant (Subhash Jadhav) was armed with a weapon of 46.5-cm length with a sharp edge on one side, injuries inflicted were by blunt side of weapon.The resultant injuries were simple in nature. Considering the nature of injuries, it is difficult to conclude that the assault was with an intention to commit murder JUSTICE ANANT BADAR