The deceased was married to the appellant. The marriage of the deceased with the appellant was solemnised in the year 1982 in accordance with the Muslim rites and customs. In the wedlock, a daughter named Shaheena was born, who, at the time of the incident in 1995, was five years of age. On the basis of Oral and Documentary evidence, the appellant was convicted for the murder of his wife by the Trial Court. Against the decision of the Trial Court, the appellant approached the High Court. The High Court affirmed the judgment passed by the Trial Court. Aggrieved by this decision, the appellant filed an appeal in the Supreme Court.

Whether the appellant is entitled to the benefit of exception 4 to Section 300 of the Indian Penal Code?

The Court observed that “The present case is not one of culpable homicide not amounting to murder but the same is a case of murder. The appellant inflicted as many as twelve blows with a knife on the deceased who was unarmed and helpless.” The Court also observed that “It is the duty of the court to arrive at the truth and subserve the ends of justice. The courts have to take a participatory role in the trial and not act as mere tape recorders to record whatever is being stated by the witnesses. The judge has to monitor the proceedings in aid of justice.”

Thus, the Court dismissed the appeal and upheld the conviction of Appellant sentencing him to life imprisonment.