The Delhi High Court has ruled that domestic violence incidents involving an intent to kill are extremely serious and cannot be mitigated by the marital relationship. The court subsequently dismissed a bail application. The case originated from a complaint by the deceased’s brother, who alleged the accused’s prior criminal involvement.
During the bail hearing, Justice Swarana Kanta Sharma asserted that domestic violence offenses, particularly those involving attempted murder, must be taken seriously. In such cases, the court will consider the marital relationship as an aggravating factor rather than a mitigating one. The court considered a bail petition filed by an accused in a case registered under sections 307 and 506 of the Indian Penal Code (IPC, 1860) and relevant sections of the Arms Act, 1959.
The case was initiated following the brother’s statement, alleging that his sister was shot dead by her husband, the main suspect. The complaint stated that the deceased learned after their marriage that her husband engaged in criminal activities, leading to his imprisonment in 2015.
It’s reported that the deceased did not want to continue the marriage, and the accused, after his release from jail, forced her to live with him and threatened to kill her if she refused. According to the FIR, the accused forced her into an auto-rickshaw, produced a country-made pistol, shot her in the abdomen, and fled while she was working.
Refusing the accused bail, Justice Sharma stated that the defense argued the accused shot the victim in anger after she refused to accompany him to her in-laws’ house. The court ruled this was not an acceptable defense.
The High Court stated it could not accept the husband’s claim of being enraged by the wife’s refusal because it reveals a patriarchal right where the man considers himself entitled. The court also noted that the victim or wife’s refusal to accompany the accused does not fall under the category of sudden provocation.
The court directed the trial court to conclude the case within six months, given the accused’s approximately six years of judicial custody. The refusal to go with the accused was met with brutal violence, resulting in her being shot and hospitalized for a month with four surgeries.