Rambir v. State
Case brief
What is this about?
The High Court of Delhi dismissed an appeal by a jail convict against his conviction for murder under Section 302 IPC. The court held that strangulating the wife with an iron rod did not meet the criteria for Exception 4 to Section 300 IPC as it involved cruelty and deliberate force, confirming the murder charge.
What did the court decide?
Conviction and sentence awarded under Section 302 IPC confirmed. Appeal dismissed.
What the court decided
$~
- IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd Septemebr, 2017 Date of Decision: 11th October, 2017
- CRL.A. 1316/2012 RAMBIR ..... Appellant Through Ms. Inderjeet Sidhu, Advocate with appellant in custody. versus STATE ..... Respondent Through Ms. Kusum Dhalla, APP for the State with Inspector Sanjeev Sharma & SI Ravinder Chandra PS Jafrabad.
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI HON'BLE MS. JUSTICE REKHA PALLI
JUDGMENT
REKHA PALLI, J
- The Appellant-Rambir has impugned the judgment dated 19.07.2012 and the order on sentence dated 23.07.2012 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi, whereby he has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/- and in default of payment of fine, to further undergo imprisonment for one year.
- According to the prosecution case, on the intervening night of 31.08.2010 and 01.09.2010, the Appellant strangulated his wife- Sua and intentionally caused her death on the roof top of premises no. C-834, Gali No. 30/3, Jafrabad, Delhi. A DD No. 7A was recorded on a PCR call in PS Jafrabad, Delhi
Issues for consideration
3 issues framed by the court
Whether Exception 4 to Section 300 IPC regarding sudden fight and heat of passion applies to strangulation with an iron rod.
Whether the act of intentionally compressing the neck of the victim with a 'Saria' constitutes murder under Section 302 IPC or culpable homicide not amounting to murder.
Whether the findings of the Trial Court regarding the guilt of the Appellant should be interfered with.
Parties & counsel
- appellant
Rambir
- respondent
State
Coram
Pratibha Rani
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court