Back
2013 Supreme(Del) 648
High Court of Delhi
REVAKHETRAPAL & SUNITA GUPTA JJ.
Albert Ezung
Versus
State Govt. of Nct of Delhi
CRL. A. No. 1462 of 2010
Decided on : 29-05-2013
Advocate Appeared:
For the Petitioner:P.K. Singh, Advocate.
For the Respondent: Ms. Ritu Gauba, APP.
The main legal point established in the judgment is the application of Exception 4 to Section 300 IPC, which exempts culpability in cases of sudden fights in the heat of passion.
Headnote:
self-defence - Criminal Law - Section 302 IPC - Section 300 - Exception 4 - Section 304, Part I IPC
Fact of the Case:
The accused was convicted for the offence punishable under Section 302 IPC for stabbing the deceased during a party. The accused claimed self-defence, stating that the deceased and his friends attacked him first.
Finding of the Court:
The court found that the accused's intention was not to cause the death of the deceased, and the incident occurred in a sudden fight in the heat of passion upon a sudden quarrel. The court altered the conviction to Section 304, Part I IPC and sentenced the accused to 8 years of custodial sentence with a fine of ` 3,000/-.
Issues: The main issue was whether the accused's act constituted murder under Section 302 IPC or fell under Exception 4 of Section 300 IPC, which exempts culpability in cases of sudden fights in the heat of passion.
Ratio Decidendi: The court held that the offence did not fall under Section 302 IPC but was covered by Exception 4 to Section 300 IPC, as the act was committed without premeditation, in a sudden fight, without taking undue advantage, and not in a cruel or unusual manner.
Final Decision: The court partially allowed the appeal, altering the conviction to Section 304, Part I IPC and sentencing the accused to 8 years of custodial sentence with a fine of ` 3,000/-.
Revakhetrapal, J.
1. Challenge in the present appeal is to the judgment dated 23rd October, 2010 and the order on sentence dated 29th October, 2010 convicting the Appellant Albert Ezung for the offence punishable under Section 302 IPC and sentencing him to life imprisonment and fine of ` 3,000/- and in default of payment of fine to undergo RI for 3 months.
2. The brief facts of present case are as under:
The complainant Temjen Lungkumer (PW7), who was residing at E-114/115, Gandhi Nagar, Delhi with his friends Sedeivilie (PW10) and Ricky, had organized a party at his house on 9.9.2007 as he along with Sedeivilie and Ricky was leaving for his native place at Dimapur (Assam). The accused (Albert Ezung), his sister Lucy, Kezivilie (the deceased) and others were invited at the party. During the said party, Sedeivilie (PW10) was playing the guitar and others were dancing. The accused asked him to stop the guitar and to switch on the TV. Kezivilie objected to the same and a quarrel ensued between the two. This was at around 3.30 a.m. Both of them were pacified by other friends and shortly thereafter both went to the E-Block park, where Kezivilie told the accused that he would finish him. A scuffle ensued in the course of which the accused gave two blows with a knife on the chest of Kezivilie and ran away. Kezivilie was taken to Hindu Rao Hospital by the complainant Temjen (PW7) and his friends Seyievio (PW9), Sedeivillie (PW10) and Asakho (DW1) where he was declared brought dead. The duty constable Gobind Singh (PW11) present at the Hindu Rao Hospital corroborates that the deceased was brought by 2 to 3 boys. SI Ved Singh (PW6) at about 7:10 AM on receipt of DD No 5A (EX PW 6/B) along with Constable Ranvir reached Hindu Rao Hospital and obtained MLC of the deceased and met Temjen (PW7). A complaint was lodged by the complainant Temjen (PW7) and on the complaint SI Ved Singh (PW 6) prepared the rukka and FIR (FIR No. 494/07) was registered thereon by Head constable Ranbir Singh at 9 AM. SI Ved Singh (PW6) then went to the place of occurrence i.e E-Block Park, GandhiVihar. The complainant Temjen (PW7) also accompanied SI Ved Singh. In the presence of the complainant Temjen (PW7) and SI Ved Singh (PW6), Investigating Officer, Inspector Sushil Kumar lifted the blood stained hawai chappal/slippers,blood stained earth , earth control and blood sample which were sealed and seized vide memo Ex PW 6/C, Ex PW 6/D, Ex. PW 6/E and Ex.PW 6/F. The accused Albert was arrested at the instance of the complainant Temjen (PW7). The accused got recovered the weapon of offence, viz., the knife (Ex PW 6/G) and after completion of investigation he was chargesheeted.
3. On 8.2.2008 the accused was charged for committing an offence punishable under Section 302 IPC to which he pleaded not guilty and claimed trial. The prosecution examined as many as 18 witnesses to bring home the guilt of the accused. The statement of the accused was recorded under Section 313 Cr.P.C. in which all the incriminating evidence was put to him wherein although he admitted that Temjen (PW7), Ricky and Sedeivilie (PW10) had organized a party in which Sedeivilie was playing the guitar, but denied that he had asked Sedeivilie(PW10) to stop the guitar and switch on the TV. The version of the incident given by the accused was that because he had called up Kelly, who was the girlfriend of PW7 Temjen (the complainant), Temjen got angry and came looking for him along with Kezivilie (the deceased). They attacked him and he tried to defend himself. He was not having any weapon; they were having knife. In the fight, Kezivilie received injuries. He had been falsely implicated because Kelly whom he had called was Temjen’s girlfriend and Kezivilie was a friend of Temjen. He was not arrested at the instance of the complainant Temjen from near Samrat Hotel, Kingsway Camp as claimed by the prosecution nor he had made any disclosure statement, leading to the recovery of the knife; the
