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Final judgment of criminal case

The Supreme Court of Windia reviewed the appeal of Mrs. Stephanie, who was convicted of murdering her husband and child. The Court overturned the murder conviction for the husband, citing prolonged domestic abuse as a mitigating factor, and instead convicted her of culpable homicide, sentencing her to 7 years. However, the conviction for the murder of her child was upheld, resulting in a life sentence, with both sentences running concurrently.

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1 views3 pages

Final judgment of criminal case

The Supreme Court of Windia reviewed the appeal of Mrs. Stephanie, who was convicted of murdering her husband and child. The Court overturned the murder conviction for the husband, citing prolonged domestic abuse as a mitigating factor, and instead convicted her of culpable homicide, sentencing her to 7 years. However, the conviction for the murder of her child was upheld, resulting in a life sentence, with both sentences running concurrently.

Uploaded by

saemin chhipa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Tuesday 15 April, 2025

IN THE HON’BLE SUPREME COURT OF WINDIA

Criminal Appellate Jurisdiction


Criminal Appeal No. ___ of 20XX

Stephanie …Appellant

Versus

The State of Windia …Respondent

JUDGMENT

Delivered by Justice A.B. Verma


1. The present appeal arises from the judgment of the Hon’ble High Court of Shipla
convicting the Appellant, Mrs. Stephanie, under Section 302 of the Windian Penal Code for
the murder of her husband, Mr. Jones, and her minor child. The Appellant was initially
convicted by the Trial Court for the lesser charge of culpable homicide not amounting to
murder, under Section 304 of the IPC. The High Court, however, reversed the finding and
convicted her of murder.
2. Having heard learned counsel for both the Appellant and the Respondent-State, and
having perused the record in detail, this Court finds itself compelled to intervene in the
interest of justice.

Findings:

I. With respect to the death of Mr. Jones:

3. It is undisputed that the Appellant had been subjected to repeated episodes of


domestic violence, emotional abuse, and non-consensual sexual acts at the hands of
the deceased. On the night of 21st March 2006, the Appellant was again brutally
assaulted, which left her physically injured and emotionally shattered.
4. While ordinarily a lapse of time may negate the element of “suddenness,” this Court
is mindful of the evolving jurisprudence in cases involving Battered Woman Syndrome,
where the accumulation of prolonged abuse may act as a continuing provocation, even if
the final act is not immediate.
5. In State of West Bengal v. Gauranga Mitra and R v. Ahluwalia, courts have
recognised the impact of sustained trauma on a victim’s psychological state. Applying this
doctrine to the present case, this Court holds that the Appellant acted under the grave and
cumulative provocation, which affected her mental equilibrium.
6. Therefore, this Court is of the view that the act, though tragic and irreversible, does
not amount to murder, but to culpable homicide not amounting to murder under
Section 304 Part I, Windian Penal Code.

II. With respect to the death of the minor child:


7. This Court is deeply anguished by the death of the innocent child, who was not a
party to any provocation. While the Appellant claimed the act was driven by fear of the
child’s continued exposure to abuse or violence, the act was committed after the threat
had ceased (post Jones’s death), and the child posed no provocation or danger.
8. The defence of grave and sudden provocation cannot extend to the killing of the
child, and this Court finds no justification or mitigating factor that could absolve the
Appellant of full culpability in this regard.

9. Accordingly, the Court affirms the conviction under Section 302 IPC for the death of
the child.

Conclusion & Sentencing


10. In light of the above findings:

• The conviction of the Appellant under Section 302 IPC for the death of Mr. Jones is
set aside, and she is instead convicted under Section 304 Part I IPC.
• The conviction of the Appellant under Section 302 IPC for the death of the child is
upheld.
11. Considering the totality of circumstances, including the prolonged abuse, absence of
prior criminal record, mental condition of the Appellant, and her current incarceration:

• For the conviction under Section 304 Part I, the Appellant is sentenced to 7 years
of rigorous imprisonment.
• For the conviction under Section 302 IPC, the Appellant is sentenced to life
imprisonment.

12. Both sentences shall run concurrently.


13. The appeal is partly allowed in the above terms.

Ordered accordingly.

Justice A.B. Verma


Hon’ble Supreme Court of Windia

Date: ___ April 2025


Place: Windia City

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