In a recent case the Supreme Court of India has upheld the conviction and life sentence of a man found guilty of murdering his wife by setting her ablaze. The division bench, comprising Justices Bela M Trivedi and Ujjal Bhuyan, categorically stated that the act of setting a person on fire is an extreme form of cruelty, falling squarely within the ambit of Section 302 of the Indian Penal Code (IPC), which deals with the punishment for the offense of murder.

The case initially began with the accused being charged with attempted murder under Section 307 IPC, following an incident where he doused his wife in kerosene and set her alight. Despite being rushed to the intensive care unit with severe burn injuries, the wife tragically succumbed to her injuries, prompting authorities to upgrade the charges to murder.

The victim, in her dying declaration, revealed a harrowing tale of domestic abuse, detailing how her husband, allegedly an alcoholic, routinely subjected her to physical violence whenever she refused to provide money for his liquor expenses. On the day of the incident, the husband, reportedly intoxicated, demanded money from his wife. When she refused the situation escalated dramatically, resulting in the horrifying act that led to her death.

The accused, whose sentence had been suspended in 2012 after serving approximately twelve years in prison, attempted to appeal the conviction before the apex court. His primary argument centered around the assertion that the case should be categorized under Part I of Section 304 IPC (culpable homicide not amounting to murder) rather than Section 302 IPC. He contended that he had no intention to kill his wife, citing an attempt to douse the flames with a bucket of water after pouring kerosene on her.

However, the Supreme Court dismissed this argument, emphasizing that the accused did not raise such a plea during the trial or before the High Court. The court found no merit in the defense's claim that the case should fall under a lesser charge, thereby upholding the murder conviction.

Senior Advocate M Sirajudeen represented the appellant, while Advocate Aditya Singh appeared as an amicus curiae during the proceedings. The court, unmoved by the appellant's arguments, ordered him to surrender before the jail authorities within four weeks.

Case: Naresh v. State of NCT of Delhi,

CRIMINAL APPEAL No.1189 OF 2012.

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