In a rare case, a woman who killed her husband after he attacked her in an inebriated state and also attempted to rape their daughter, walked free after she was released by the police on the grounds of private defence here on Saturday.
Usha Rani had problems with her husband Jothibasu since 1995. There were complaints against Jothibasu in many police stations stating that he harassed the family members. The couple had been living separately for several months with the children remaining under the care of Usha Rani.
Assurance to police
A fortnight ago, Jothibasu returned home and assured police personnel in the Oomachikulam station that he would not harass his wife or children.
On Thursday, he came home, assaulted his wife and attempted to misbehave with their daughter.
Desperate to protect her daughter, the woman hit Jothibasu with a cricket bat. He collapsed and was declared dead in Government Rajaji Hospital. The Oomachikulam police registered a case of murder. Since the woman confessed to having committed the crime, she was detained for interrogation.
In her statement, she told the investigating officer that she acted only to save her daughter from being a victim of physical abuse.
When contacted, Superintendent of Police Asra Garg told The Hindu: “Based on the preliminary investigations, we have come to know that the accused had committed the crime on grounds of private defence, hence, she was released.”
The SP explained that under IPC Section 100, “the right of private defence of the body extends to the voluntary causing of death or any other harm to the assailant if the offence that occasions the exercise of the right is an assault with the intention of committing rape.”
Keywords: self-defence, husband killing
Congratulations sir ... for the lady also for protecting her rights.
Brave lady, and a brave cop, Asra Garg!!
If not for the decision of Asra Garg, even the headlines in here
would have read different, something like "Women arrested for
murdering drunk husband"
Asra Garg is doing a commendable job, very impressed by him!! He
was a DSP in my town (Vellore District) when my father was a
Taluk Magistrate and he used to tell tht he is a very honest cop
and tht even powerful politicians used to think twice before
approaching him for favours. Watch out guys, he is soon going to
be a well known police officer like Kiran Bedi, in the very near
future!!
what about those persons, who have raped other persons and set freed on bail.. is there no any IPC to avoid bail to such a person..
i am confused of our IPCs.. in one IPC you can kill the rapist and go free., in other IPC, a person who has raped go free with bail...
Salute to the Police! Great. Appreciated their efforts and courage to take a strong decision.
This news should send a strong message to the abusers of wife and children.
The SP has done a great job. Hope this will send a strong message for all.
It is great to see the Police officer using the authority and courage for the right reason, though this is one rare occasion in India !!! Well Done SP Garg.
Congrats to the S P and his team for the bold disposal. Such initiatives are rare to come across.
This is strange as the law does not allow the police to set her free They can file a report to
the court after investigation prove it was a clear case of self-
defence. It is the court which has to decide and pass orders.
It is great to see for once that a Police Officer acted with courage and conviction to deal with domestic violence that ended in the death of an abusive husband. Hopefully higher officials in the Tamilnadu Police and the Government will take note and make him into a positive example for others to follow.
A sound decision by the police. What else could a mother have done?
I appreciate the SP and police for all they did the solve the problem and leaving her free and she is very brave and many of us need that courage, when in adversity.
This should be a warning to cowards who beat their wives and helpless children.
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