LexSUNIL @ SONU ETC. versus STATE NCT OF DELHI
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[2024] 9 S.C.R. 616 : 2024 INSC 727 Sunil @ Sonu Etc. v. State NCT of Delhi (Criminal Appeal Nos. 3978-3979 of 2024) 24 September 2024 [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Issue arose for consideration that as to whether the accused can be convicted for the offence punishable u/s.302 IPC or in the facts and circumstance of the case, the conviction needs to be altered to a lesser offence. Headnotes† Penal Code, 1860 – s.304 Part-I, s.302 rw s.34 – Culpable homicide not amounting to murder – Pre-existing disputes between the parties leading to verbal altercation whereafter accused persons attacked the victims with knives and dandas, resulting in death of one – FIR lodged by one of the victim as also the appellant – Conviction of the appellants- accused no. 1 and 4 for the offences punishable u/ss.302/34 and sentenced to undergo rigorous imprisonment for life – Appeal thereagainst dismissed – Correctness: Held: Prosecution proved beyond reasonable doubt that the injuries sustained by deceased were caused by the appellants and sufficient to cause death of the deceased – No interference warranted with the finding of the courts below that the appellants caused homicidal death of the victim – FIR lodged at the instance of the appellant that the victims had come to the shop of the other appellant in a heavily drunken condition, and had tried to assault the appellants – Medical certificates of appellants that they had sustained the injuries, was deposed by the IO – Also evidence of Investigating Officer that he found not only deceased but also all the accused persons admitted in the hospital and that he did not find the other victim in the said hospital – Thus, the defence of the appellants is a possible defence – Nothing on * Author [2024] 9 S.C.R. 617 Sunil @ Sonu Etc. v. State NCT of Delhi record to establish that there was any pre-meditation – As such, the possibility of the offence being committed by the appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out – Also nothing on record to show that the appellants took undue advantage or acted in a cruel or unusual manner – Thus, appellants entitled to the benefit of doubt – Case would be covered under Part-I of s.304 – Conviction of the appellants u/s.302 altered to Part-I of s.304 – Appellants having undergone the sentence of more than 8 years without remission, sentenced to the period already undergone and to be released forthwith if not required in any other case. [Paras 9, 13, 15, 16-18] List of Acts Penal Code, 1860. List of Keywords Offence punishable u/s.302 IPC; Conviction to be altered to lesser offence; Pre-existing disputes; Verbal altercation; Injury sufficient to cause death; Homicidal death; Medical certificates; Pre-meditation; Sudden fight in heat of passion upon sudden quarrel; Undue advantage; Act in cruel or unusual manner; Benefit of doubt; Remission; Conviction u/s.302 altered to Part-I of s.304 IPC. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 3978-3979 of 2024 From the Judgment and Order dated 26.06.2023 of the High Court of Delhi at New Delhi in CRLA No. 408 and 137 of 2018 Appearances for Parties Rishi Malhotra, Sr. Adv., Ms. Ambuja, S. Maini, Utkarsh Singh, Advs. for the Appellants. Prashant Singh, Sharath Nambiar, Ayush Anand, Mukesh Kumar Maroria, Vinayak Sharma, Kartikeya Asthana, Advs. for the Respondent. 618 [2024] 9 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. Leave granted. 2. The present appeals challenge the judgment and order dated 26th June 2023, passed by the Division Bench of the High Court of Delhi at New Delhi in Criminal Appeals No. 408 and 137 of 2018, wherein the Division Bench dismissed the appeals filed by the appellants Sunil @ Sonu (Accused No.1) and Nitin @ Devender (Accused No.4). By the said judgment and order, the High Court upheld the judgment and order dated 25th October 2017 rendered by the Additional Sessions Judge, North District, Rohini, Delhi (hereinafter referred to as “the trial court”) in Sessions Case No. 139 of 2017 convicting the appellants for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). The High Court also upheld the order of sentence dated 6th November 2017 vide which the trial court had
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