The court refused the plea of a man who had submitted that he should be convicted for culpable homicide not amounting to murder as the offence was committed under emotion.
The killing of a woman by a man whose proposal she rejected would be treated as an offence not less than murder with the minimum punishment being life imprisonment, the Delhi high court has said.
The court refused the plea of a man who had submitted that he should be convicted for culpable homicide not amounting to murder as the offence was committed under emotion.
"If the argument is accepted it would mean that every male who has an infatuation for a female, on being spurned, would be entitled to kill the female under pain of a lesser offence i.e. the offence of culpable homicide not amounting to murder," justice Pradeep Nandrajog said.
The minimum punishment for the offence of murder is life imprisonment and the maximum is death penalty while in case of culpable homicide not amounting to murder a person can be sent to any jail term up to life imprisonment.
"Repelling the overtures of an infatuated lover would not make out a case of Exception IV to Section 300 IPC (murder) being attracted. The concept of acting under the impulse of passion envisaged under the provision is premised on the passion and the impulse being preceded upon a sudden quarrel," the court said.
The court passed the order on appeal filed by a man Ashok Kumar Kohli who had killed a woman he was in love with.
He had approached the High Court challenging the trial court's order of convicting him for the offence of murder and sentenced him to undergo life imprisonment on the ground that he was overcome with emotion and acted in a fit of rage.
The court refused to grant him any relief and dismissed his appeal.
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