Sunder v. State
Case brief
What is this about?
Appeal against murder conviction dismissed in part; Delhi High Court substituted conviction under Section 302 IPC with Section 304 Part II IPC due to sudden fight and lack of intention to kill, sentencing appellant to 7.5 years rigorous imprisonment.
What did the court decide?
Conviction under Section 302 IPC converted to Section 304 Part II IPC; sentence of 7 years and 6 months rigorous imprisonment awarded.
What the court decided
$~4.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.A. 196/2015 & Crl. M.B. No. 307/2018 SUNDER
..... Appellant Through: Ms. Inderjeet Sidhu, Advocate versus STATE ..... Respondent Through: Ms. Aashaa Tiwari, APP for the State with Insp. Shailendra Singh, PS Fatehbur Beri
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI
O R D E R % 22.03.2018
The appellant has been produced from custody. We have interacted with him in court. Ms. Sidhu, learned counsel for the appellant, after taking instructions from the appellant, states that the appellant does not dispute the factual findings returned by the Trial Court.
The only submission that the appellant wishes to advance is that the conviction of the appellant under Section 302/323 IPC may be substituted by conviction under Section 304 Part II/ 323 IPC.
We have, accordingly, heard the submissions of learned counsel for the appellant and the learned APP on the said aspect.
The background in which the present case arises is as follows, which we are taking from the impugned judgment itself:
Issues for consideration
3 issues framed by the court
Whether conviction under Section 302 IPC should be converted to Section 304 Part II IPC given the sudden fight circumstances.
Whether the intention to cause death can be deduced from the nature of the weapon and injuries inflicted.
Whether the appellant is entitled to the benefit of Section 428 IPC for concurrent sentences.
Parties & counsel
- appellant
SUNDER
- respondent
STATE
Coram
VIPIN SANGHI
Case details
As recorded by the court registry
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