ABBU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Having heard learned counsel for the parties we note with regret that the learned Trial Judge has overlooked two very critical aspects of concerning the instant case. The first concerns evidence and the second concerns the law.

(2.) Exception 4 to Section 300 of the Indian Penal Code stipulates that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. The exception has been totally overlooked by the learned Trial Judge. The learned Judge has overlooked evidence, being Abbu's MLC Ex.PW-22/A.

(3.) We narrate what transpired between the appellant Abbu and the deceased Mota @ Langra through the percipient eyes of Raju PW-13.