(SHORT NOTE)
DELHI HIGH COURT
(D.B.)
Rajinder Sachar and R. N. Aggarwal, JJ.
Sunder Lal - Convict/Appellant
versus
The State - Respondent
Criminal Appeal No. 17 of 1980
Decided on 21-1-1983
For the Appellant: D. R. Sethi, Advocate.
For the Respondent: B. T. Singh, Advocate.

IMPORTANT POINT
Where accused had illicit relations with deceased and wanted to continue the liaison with her but she was not willing and thus killing her in the heat of the moment. This cannot be taken as an extenuating circumstance for the offence of murder but is a fit case where Govt. can exercise its power to commute the sentence under section 432 Cr. P.C.
Appeal dismissed.

Headnote:Indian Penal Code, 1860-Section 302-Criminal Procedure Code, 1973 Section 432-Appellant charged for murder of Phoolwati-Convicted and sentenced life imprisonment- Four eye witnesses, daughter of deceased and three neighbourers -Appellant's clothes recovered with blood stains of the Blood Group of the deceased - Weapon of murder also recovered at the instance of accused-Two eye witnesses knowing accused-Two other not knowing- No identification parade-Whether fatal? (No)-Discovery of weapon of murder doubtful-Whether displaces the guilt of accused? (No)-Result-Conviction upheld-Whether a fit case for Govt. to commute sentence under Section 432 Criminal Procedure Code? (Yes) (Paras 33, 46, 47 and 48)