Reprieve for woman who killed abusive husband

MUMBAI: Five years after an Andheri woman strangled her abusive and alcoholic husband, she won reprieve from the Bombay high court. A division bench of Justice Vijaya Kapse-Tahilramani and Justice V L Achliya set aside Laxmi Kalgutkar's conviction for murder, saying the incident had occurred in a fit of rage and the killing did not appear to be pre-meditated. The high court held Laxmi, who has a young daughter, guilty of the lesser charge of culpable homicide not amounting to murder and reduced her punishment from life imprisonment to five years in jail.

"From the evidence on record it can be safely inferred that the incident occurred without any pre-meditation, in a sudden fight in the heat of passion upon a sudden quarrel," said the judges. "There was no strong motive on the part of Laxmi to have caused the death of the deceased. The deceased was in a drunken condition and quarrelling with his wife, which had become a regular feature for her. In the evening, the deceased had assaulted her and her daughter, who was ill. Laxmi was fed up with conduct of the deceased... in that sudden quarrel, the act of compression of neck of deceased appears to have been committed on her part."

The police had produced a rope which they claimed Laxmi had used to strangle her husband. But the HC said the rope's recovery five days after the incident looked suspicious. "We are of the view that the act in question of Laxmi can't be termed as culpable homicide, amounting to murder," said the judges.

The deceased, Mahesh Kalgutkar, used to stay with Laxmi and their daughter at Ganga Chawl in Andheri (E). The incident dates back to August 13, 2009, when the daughter was unwell. Mahesh slapped his daughter as she was not eating anything and then assaulted his wife who questioned him. Later in the night, when he came home drunk, another quarrel broke out. Cops said Laxmi strangled her husband to with the help of her sister and brother-in-law. All three were given life term in 2012. The HC acquitted the two other co-accused.

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