Wife’s repeated refusal to return with her husband is a mitigating factor at the time of sentencing :TRIPURA High Court.
The Tripura High Court reduced the sentence of a man ,convicted for throwing acid on his wife while holding that his frustration, caused due to the wife’s refusal to return with him to their matrimonial house, was a mitigating factor.
After their separation, the appellant met his victim wife several times at her maternal home to take her back but she refused to go back to her matrimonial home. The circumstances indicate that the appellant desired to restore his matrimonial relationship with his wife but his reluctant wife was not willing to reunite with him which might have led to him being frustrated. We cannot overlook this mitigating circumstance while deciding about the proportionality of the sentence to be awarded to the appellant for the crime committed by him, the bench comprising of Justice S. Talapatra and Justice S.G Chattopadhyay observed.
The bench was hearing an appeal submitted by the convict against his conviction under Section 326A and 498A of IPC .