An offender who takes undue advantage of a situation is not entitled to the application of Exception 4 to Section 300 of the Indian Penal Code, held the Supreme Court while sustaining the conviction of a husband for the murder of his wife.
In this case, the deceased(wife) had poured kerosene on herself to prevent further torture after a quarrel with her husband(appellant). The husband allegedly lit a matchstick and threw it upon her uttering “You Die” with an intention to kill her.