The court distinguished between murder and culpable homicide, ruling that the appellant's act was committed in the heat of passion without premeditation, thus constituting culpable homicide not amounting to murder.

JUDGMENT :

MADHU JAIN, J.

1. The present criminal appeal under Section 415 (2) of Bhartiya Nagrik Suraksha Sanhita, 2023, (herein afters ‘ BNSS ’) has been preferred by the Appellant assailing the order of conviction dated 26th April, 2025 and the order on sentence dated 6th May, 2025, passed by the ld. Court of Sessions in FIR No. 264/2015, Police Station Subzi Mandi, titledState v. Ajay. The ld. Trial court vide the Impugned Order, has convicted the Appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 for the murder of Rakesh, and sentenced to imprisonment for life, along with a fine of Rs.1,000/- with a default sentence of simple imprisonment for two months. The Appellant has been granted the benefit of Section 428 The Code Of Criminal Procedure, 1973 (herein after CrPC).

“12. In view of facts and circumstances of the case, submissions of the Ld. Amicus Curie for convict and Ld. Addl. PP for the State, convict namely Ajay is hereby sentenced to undergoimprisonment for life with fine of Rs. 1,000/- for the offence punishable under Section 302 IPC for commission of murder of deceased Rakesh. In case of default to pay fine, the convict shall undergo simple imprisonment of two months.

13. Benefit of Section 428 Cr.P.C. shall be given to the convict. for the period already undergone by him during the trial.”

2. The Appellant was, however, acquitted of the charges under Sections 393 and 397 IPC , the ld. Trial Court holding that the prosecution had failed to establish the ingredients of attempt to commit robbery and robbery with a deadly weapon. The ld. Trial Court held as under:

“67. The prosecution has successfully proved the ingredients of offence punishable under Sec. 302 IPC against accused Ajay beyond reasonable doubt. Prosecution has failed to prove the ingredients of offences punishable under Sec. 393/397 against accused Ajay beyond reasonable doubt.

68. Accordingly, accused Ajay is hereby convicted for the offence punishable under Sec. 302 IPC . He is hereby acquitted for the offences punishable under Sec. 393/397 .”

FACTUAL MATRIX:

3. The prosecution case, as unfolded before the ld. Trial Court, arises out of an incident alleged to have taken place in the early hours of 3rd June, 2015, at approximately 3:00–3:30 AM, at the corner of Kamla Nehru Park, Barafkhana Chowk, Delhi, within the jurisdiction of Police Station Subzi Mandi. The deceased Rakesh was stated to be a cycle rickshaw puller who was sleeping on his rickshaw at the said location at the relevant time.

4. According to the prosecution, the Appellant attempted to commit robbery upon the deceased while he was sleeping on his rickshaw. It was alleged that during this attempt, a quarrel ensued, following which the Appellant is stated to have assaulted the deceased using a cemented stone/six-cornered tile, inflicting repeated blows on the head of the deceased, resulting in grievous injuries.

5. The first information regarding the incident was received at Police Station Subzi Mandi through DD No. 5A, which was recorded at about 3:47 AM on the intervening night of 3rd June, 2015. The DD entry indicated that a rickshaw puller had been assaulted and was lying injured near Barafkhana Chowk.

6. Upon receipt of the said DD entry, police officials being SI Yogender Kumar along with Ct. Fakir Chand proceeded to the spot of incident. On reaching the site, a blood-stained cycle rickshaw was found stationed near the footpath, with blood scattered on the pavement and surrounding ar