Factual Situation: H suspected his wife of infidelity. Therefore H started keeping a watch on her movements. One day H found that his wife did not come back to the house during the night. At about 11.00 a.m. next day when the wife came back to the house H asked her whereabouts. The wife got furious and said, ‘How long are you going to watch my movements? Only two days back I was sleeping with Z. Do what you like’. At this, H got enraged and picked up a lathi lying nearby and gave a number of blows on the head and chest. Within fifteen minutes the wife died. He is prosecuted for murder under Sec. 302 of IPC. Issue: Whether the accused is guilty of murder. Decision:

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Factual Situation: H suspected his wife of infidelity. Therefore H started keeping a watch on her movements. One day H found that his wife did not come back to the house during the night. At about 11.00 a.m. next day when the wife came back to the house H asked her whereabouts. The wife got furious and said, ‘How long are you going to watch my movements? Only two days back I was sleeping with Z. Do what you like’. At this, H got enraged and picked up a lathi lying nearby and gave a number of blows on the head and chest. Within fifteen minutes the wife died. He is prosecuted for murder under Sec. 302 of IPC. Issue: Whether the accused is guilty of murder. Decision:





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