The court determined that the lack of premeditated intent during a sudden quarrel warranted a conviction for culpable homicide under Section 304 instead of murder under Section 302 IPC.

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed by the Appellants - Narender Singh i.e., Appellant No.1 and Balender Singh i.e., Appellant No.2 under Section 415 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter, ‘ BNSS ’) challenging final judgement and order of conviction dated 2^nd September, 2025 (hereinafter, ‘impugned judgment’) and order on sentence dated 16^th September, 2025 passed by the ld. Additional Sessions Judge-04, North East District, Karkardooma Courts, Delhi inSessions Case No. 44867/2015

3. Vide the impugned judgment, the Appellants have been convicted for offences under Section 302 /34 of the Indian Penal Code , 1860 (hereinafter, ‘ IPC ’)

4. The incident leading to the registration of FIR No.236/2012dated 10th September, 2012 registered at P.S. New Usmanpur is that on 10^th September, 2012 at around 5:00 PM, the Appellant No.1 -Narender Singh, who was holding a meat cutting weapon i.e.,chhura went to sharpen the same in front of the shop of deceased person namely, Mr. Harbans where there was a meat cutting knife sharpening stone.

5. The deceased had raised some objection to the use of the said stone by the Appellant No. 1-Narender Singh, which led to dispute between them and a scuffle. The allegation against the Appellant No.2- Mr. Balender Singhi.e., the father of Narender Singh was that he exhorted Appellant No.1 to kill the deceased person. One stab wound was inflicted upon the deceased using the meat cutting weapon i.e.,chhura, who passed away after five days due to septicemic shock in the GTB Hospital.

6. After registration of the FIR, charges were framed against the Appellants vide order on charge on 31st January, 2013 in the following terms:

“1. J.R. Aryan, District Judge-cum-Sessions Judge, Incharge-NE District, Karkardooma Courts, Delhi, do hereby charge you 1) Narender Singh S/o Balender Singh & 2) Balender Singh S/o Mam Chand as follows:-

That on 10.09.2012 at around 5.00 pm in front of house no.87, gali no.2, first pusta, Usmanpur, Delhi, you both in prosecution of common intention committed murder by intentionally causing death of Harbans wherein you accused Balender caught hold of Harbans and you accused Narender inflicted a churra (meat cutting knife weapon) stab injury in the abdomen of Harbans and you both thereby committed offences punishable under Sections 302 /34 IPC , and within my cognizance. And do hereby direct that you both accused be tried by me for the aforesaid charge”

7. Both the Appellants had pleaded not guilty before the ld. District Judge. Thereafter, evidence was led by the prosecution of several witnesses including eye-witnesses being PW-2- Mr. Jitender, PW-3-Mr. Murari and PW-4- Mr. Sanjay. The concerned police constable and authorities were also summoned and their statements were also recorded as PW-1-HC Mukesh Kumar, PW-5-HC Shri Pal, PW-7-SI Mukesh Jain, PW9-SI Prem Singh, PW-10-ASI Balender Singh, PW-11-Ct. Mahesh Kumar, PW-12-HC Raj Kumar, PW-13-Ct. Azad Singh, PW-14-Ct. Mukesh, PW-15-Ct. Ram Naresh, PW-16-HC Satender, PW-17-Ct. Balbir Singh, PW-18-Ct. Devender, PW-19-Ct. Rinku, PW-20-Inspector Arjun& PW-21-SI Vishwender.

8. PW-8-Dr. Anil Singh, who was a Junior Resident at the GTB Hospital and who had conducted the medical examination of the deceased person, was also examined along with PW-22 and PW-23 namely Dr