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Documents citing Arjun vs The State(Govt Of Nct Of Delhi) on 14 July, 2017

Raj Kumar @ Lala vs State Nct Of Delhi on 12 September, 2017

63. In the present case, a tiff started over the petty issue of non-serving of food by the deceased. This erupted into a sudden fight, which was pacified by PW-2 Himanshu. Thereafter, the deceased and PW- 2 closed their dhaba and within a couple of minutes, the appellants and Asif (JCL) returned and appellant Raj Kumar stabbed the deceased while the other two held him. There was no cooling off period and the tempers continued to run high [See Jite (Supra) (paragraphs 38-43) and Arjun v. The State (Govt. of NCT of Delhi), Crl.A. 1702/2014 & 158/2015 Page 40 of 42 Crl.A. 983/2015 dated 14.07.2017 (paragraph 35)]. Thus, it is clear that the incident occurred during the course of a sudden fight in the heat of passion. The situs of the stab injuries, despite the assailants having ample of opportunity to strike at some other vital portion, shows that there was no premeditation. Finally, there is nothing to show that the appellants had acted in a cruel or unusual manner. All the essentials of Exception 4 stand satisfied and the conviction must be converted.
Delhi High Court Cites 32 - Cited by 0 - G S Sistani - Full Document

Rahul @ Bhuri vs State, Nct Of Delhi on 12 September, 2017

63. In the present case, a tiff started over the petty issue of non-serving of food by the deceased. This erupted into a sudden fight, which was pacified by PW-2 Himanshu. Thereafter, the deceased and PW- 2 closed their dhaba and within a couple of minutes, the appellants and Asif (JCL) returned and appellant Raj Kumar stabbed the deceased while the other two held him. There was no cooling off period and the tempers continued to run high [See Jite (Supra) (paragraphs 38-43) and Arjun v. The State (Govt. of NCT of Delhi), Crl.A. 1702/2014 & 158/2015 Page 40 of 42 Crl.A. 983/2015 dated 14.07.2017 (paragraph 35)]. Thus, it is clear that the incident occurred during the course of a sudden fight in the heat of passion. The situs of the stab injuries, despite the assailants having ample of opportunity to strike at some other vital portion, shows that there was no premeditation. Finally, there is nothing to show that the appellants had acted in a cruel or unusual manner. All the essentials of Exception 4 stand satisfied and the conviction must be converted.
Delhi High Court Cites 32 - Cited by 0 - G S Sistani - Full Document
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