Rajeshwar Pathak vs State on 30 August, 2017
21. We may also note the view taken by another Division Bench of this
Court, of which one of us (G. S. Sistani, J.) was a member in the case
of Naeem vs. The State (NCT of Delhi) reported at 2016 SCC Online
Del 2603, whereby the conviction of the appellant was converted from
Section 302 to Section 304 Part I of IPC and the sentence was
modified to eight years. The facts of the abovementioned case were
similar to the case in hand wherein a quarrel took place between the
married couple and in the heat of the passion, the appellant throttled
the neck of his wife. This Court modified the conviction of the
appellant for the reason that no weapon was used by the appellant,
there was no pre-meditation, there was no prior enmity and the
appellant did not act in a cruel manner.