VidhiSangh

Supreme Court of India · 06/05/2019

RAMBIR versus STATE OF NCT, DELHI

[2019] 7 S.C.R. 163 · 2019 INSC 626

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

On the particular evidence of a sudden, unpremeditated quarrel, the appellant’s strangulation of his wife with a handy iron rod fell within Exception 4 to Section 300 IPC. The rod was picked up at the spur of the moment, and the Court found heat of passion and no disqualifying cruel or unusual conduct in the circumstances. The murder conviction and life sentence were replaced by conviction under Section 304 Part II and ten years’ simple imprisonment.

Issues

  1. Whether the proved killing fell within the sudden-fight exception to murder.
  2. What conviction and sentence should replace the murder conviction.

Provisions considered

Held

Result

Appeal partly allowed. Conviction under Section 302 IPC and life sentence set aside; conviction substituted under Section 304 Part II IPC with ten years’ simple imprisonment.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 163.