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Murder of Husband by his wife, accidental or intentional cause


30-Jun-2023 (In Criminal Law)
"X is alcholohic and sometimes beats up his wife Y, This makes the wife lock the husband in a room in their house often and one night X was locked inside his room while Y was in the farthest room of the house with both of their children being with Y, suddenly, Y smells smoke and realizes there is fire in the room in which the husband is, while the door being padlocked, X succumbs to his injuries, and dies. Can the children testimony after a decade viable enough to convict Y of her crimes?
Answers (3)

Answer #1
711 votes
In this case the testimony of the children will not be enough to land Y in jail. And she might not bear any kind of criminal punishment as well. As written by you Y only locked him in a room because of his behaviour and Y has nothing to do with the fire which succumbed the husband to death. But it will obviously depend upon many other factors also.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
803 votes
Dear client The testimony of the children is a bit tricky as the Supreme Court in some cases has held testimony of children to be admissible as long as they were able to understand and comprehend the question. Will have to glance through the case to advise you further. Please feel free to get in touch Regards
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
654 votes
it is not clear from the statement that under what sections of ipc FIR was registered. if the FIR was registered under the accidental death then the testimony of children will not be applicable unless there is a fresh case in the proceeding. however if the FIR was registered in the name of Y with a intention to kill X then the testimony of children will hold its value. But a decade is a long period and if no arrest was made during that time it's better to forget about the incident
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