Man convicted for killing eight-month pregnant wife

Tahir Ali told the Janakpuri police that he was on leave and at home that day. He also said that Dhruv was drunk and abusive, adding that Manju said she was feeling unwell after her husband punched her in the stomach.

Tahir Ali’s wife Shah Bano woke up at around 4 am on November 5 to use the common toilet at the E-21 Om Vihar Extension colony in Uttam Nagar. It was at this time that she saw Dhruvbringing his daughter Neetu to the bathroom, and then leaving the colony in an autorickshaw.

At about 7.30 am the Alis heard loud screams from Dhruv’s room. All the neighbours gathered around as they suspected the cries were from Dhruv’s two daughters, aged three years and one-and-a-half years.

They pushed open the door and to their horror, saw Manju’s naked body on the bed. There was blood on the floor. A local midwife was called, who confirmed that both Manju and her baby were dead.

Dhruv was arrested the same day, and has been in jail since. He was charged under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code. The prosecution examined 13 witnesses. Dr L K Barua, who conducted the post-mortem, said that death was due to hemorrhagic shock from the placenta. He also explained that an external injury on the lower abdomen could induce the bleeding.

Additional Sessions Judge (ASJ) Raghbir Singh had to decide under which part of Section 304 Dhruv’s crime fell. According toPart 1, it must be shown that the accused committed culpable homicide not amounting to murder, meaning that the act of the accused by which death is caused is done with the intention of causing death.

The judge observed that the fact that Dhruv hit Manju on her stomach and other parts of her body with his bare hands “…shows that he had not hit his wife with the intention to cause her death… had he been aware of this thing he could have acted otherwise by hitting with some strong object”.

Dhruv was convicted under part 2 of Section 304, as the judge concluded that he hit her with the knowledge that the act was likely to cause death.