Rajesh v. State
Case brief
What is this about?
The High Court allowed the appeal, observing the Trial Judge erred in overlooking evidence that suggested a scuffle and lack of pre-meditation, converting the conviction from murder to culpable homicide not amounting to murder.
What did the court decide?
Conviction altered from Section 302 IPC to Section 304-II IPC; sentence confirmed; bail bonds discharged.
What the court decided
$~R-21
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Date of Decision : February 12, 2016
- Crl.A.509/2000
RAJESH ..... Appellant
Represented by: Mr.Harsh Prabhakar, Advocate
versus
STATE ..... Respondent Represented by: Mr.Varun Goswami, APP with SI Sandeep Panwar, P.S.K.M.Pur
CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J. (Oral)
- Having heard learned counsel for the parties, for the facts noted hereinafter followed by the reasons, it is apparent that the learned Trial Judge has grossly erred in overlooking clinical features of the evidence which warrants the conviction of the appellant to be converted from having committed an offence punishable under Section 302 IPC to one under Section 304-II, IPC.
Issues for consideration
3 issues framed by the court
Whether the Trial Judge erred in convicting the appellant of murder instead of culpable homicide not amounting to murder.
Whether the evidence establishes pre-meditation or the use of multiple weapons in the cause of death.
Whether the conviction should be converted from Section 302 IPC to Section 304-II IPC based on clinical features of evidence.
Parties & counsel
- appellant
Rajesh
- respondent
State
Coram
Praadeep Nandrajog
Case details
As recorded by the court registry
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