ANKIT SAXENA Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No. 209/2016 under Section 302 IPC, Police Station Karawal Nagar.

(2.) Parties are related to each other. The petitioner is the son of the brother of the deceased. Both the parties live in the same house but on different floors. It is alleged in the FIR that a dispute took place between the parties which led to a verbal altercation. It is alleged that the sister of the petitioner, who lives on the ground floor, started abusing the complainant and her husband, who were on the first floor. The husband of the complainant, i.e. the deceased went down to pacify her. However, she did not calm down. It is alleged that at the time when the dispute had occurred, the deceased was cutting vegetables with a knife and without realizing that he had knife in his hands, he came down stairs to pacify the sister of the petitioner. It is alleged that in the heat of the moment the deceased accidently stabbed the sister of the petitioner on her thigh with the knife, seeing which, it is alleged, the petitioner got angry and snatched the knife and stabbed the deceased on his left leg.

(3.) Initially, the FIR was registered under Section 302 IPC and after investigation, chargesheet was also filed under Section 302 IPC, however, on perusal of the record, the Trial Court has framed charge under Section 304 Part I IPC.