Bantoo v. State
Case brief
What is this about?
The High Court of Delhi allowed an appeal against conviction for murder under IPC Section 302. The court held the incident was a sudden quarrel without premeditation. Conviction was altered to Section 304 Part II IPC, and the life sentence was reduced to 10 years rigorous imprisonment and a fine.
What did the court decide?
Appeal allowed; conviction under Section 302 IPC altered to Section 304 Part II IPC; sentence reduced to 10 years rigorous imprisonment and fine.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- Judgment Reserved on: September 23, 2017
- % Judgment Delivered on: October 11, 2017
- CRL.A. 1318/2012
BANTOO ..... Appellant Through: Mr.Chetan Lokur, Advocate.
versus
STATE ..... Respondent
Through: Ms.Aasha Tiwari, APP for the State with Inspector Dhananjay Gupta ATO Mahendra Park
CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI HON’BLE MS. JUSTICE REKHA PALLI
JUDGMENT
- The appellant Bantoo has preferred this appeal impugning the judgment dated 23rd July, 2012 and order on sentence dated 31st July, 2012 passed in Sessions Case No.19/2011 (case FIR No.61/2011 under Section 302 IPC PS Mahendra Park) whereby he has been convicted for committing the offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for one month.
Issues for consideration
3 issues framed by the court
Whether the conviction under Section 302 IPC should be altered to Section 304 Part II IPC in a sudden fight arising from a dispute over smack.
Whether the appellant took undue advantage or acted in a cruel or unusual manner precluding the application of Exception 4 to Section 300 IPC.
Whether the appropriate sentence for culpable homicide not amounting to murder under these circumstances warrants a custodial term instead of life imprisonment.
Parties & counsel
- appellant
Bantoo
- respondent
State
Coram
Pratibha Rani
Case details
As recorded by the court registry
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