The Madras High Court has quashed a criminal case against a woman accused of killing her husband, who allegedly attempted to sexually assault their 21-year-old daughter while in a drunken state.
Justice G Jayachandran, after reviewing the evidence, concluded that the act was committed in private defense and that the woman acted to protect her daughter’s honor.
The court observed that the deceased was intoxicated and attempted to molest his own daughter. In response, the petitioner, who is the girl’s mother, committed the alleged offense to safeguard her daughter.
Referring to the daughter’s statement, along with photographic evidence and the post-mortem report, the court determined that the prosecution under Section 302 of the Indian Penal Code (IPC) was misplaced. The court found that the act was a clear case of private defense, falling under Section 97 of the IPC.
According to the investigation, the deceased father was found lying on his daughter, gagging her mouth. When the mother heard the commotion, she attempted to pull him away. When he did not respond, she struck him with a wooden knife on the back of his head. When he still refused to stop and continued his assault, the mother used a hammer to hit him on the head, resulting in his immediate death.
The court noted that the witness statements were consistent with the post-mortem report and the mother’s account given during the investigation. The court, therefore, deemed the incident a case warranting intervention and quashed the criminal case against the mother.
