Delhi High Court: Murder Conviction Altered to Culpable Homicide — Sudden Quarrel and Intoxication Considered.

Headnote:

The Delhi High Court modified the conviction of the appellant from Section 302 IPC (murder) to Section 304 Part II IPC (culpable homicide not amounting to murder) after finding that the killing of the appellant’s wife occurred in a sudden quarrel without premeditation. The Court held that the act, though fatal, was committed under the influence of liquor and in a fit of anger, thereby attracting Exception 4 to Section 300 IPC.

Background:

1. The appellant, Keshav @ Sonu, was convicted for murdering his wife, Payal, by stabbing her with a kitchen knife at their residence in Anand Parbat, Delhi.
2. On 19.09.2019, following an argument over a trivial issue involving their daughter, the appellant, intoxicated at the time, inflicted multiple stab wounds on Payal.
3. Before succumbing to injuries, the deceased gave a dying declaration identifying her husband as the assailant.
4. The trial court convicted him under Section 302 IPC and sentenced him to life imprisonment.
5. On appeal, the defense argued that the act occurred during a sudden fight and without intent to kill, urging conversion to culpable homicide.

Court’s Observations:

1. The Court noted the absence of premeditation, previous enmity, or deliberate planning.
2. It found that the incident stemmed from a sudden quarrel, where the appellant, under the influence of liquor, reacted impulsively using a household knife.
3. Citing precedents such as Pulicherla Nagaraju v. State of A.P. and Atul Thakur v. State of H.P., the Court held that such circumstances fall within Exception 4 to Section 300 IPC.
4. The act was not motivated by intent to cause death but by knowledge that it could result in death.
5. Consequently, the conviction was altered to Section 304 Part II IPC, reducing the offence from murder to culpable homicide not amounting to murder.

Legal Provisions Discussed:

1. Section 302, Indian Penal Code, 1860 (IPC): Punishment for murder.
2. Section 304 Part II, IPC: Punishment for culpable homicide not amounting to murder.
3. Section 300 (Exception 4), IPC: Sudden fight without premeditation.
4. Evidence Act, 1872: Relevance of dying declaration.
5. Criminal Procedure Code, 1973 (CrPC): Appellate powers under Section 374.

Citation: 2025:DHC:XXXX-DB

Case: Keshav @ Sonu v. State (NCT of Delhi)

Court: High Court of Delhi

Coram: Hon’ble Mr. Justice Vivek Chaudhary & Hon’ble Mr. Justice Manoj Jain

Date of Decision: 6 November 2025

Criminal Appeal No.: CRL.A. 82/2025 & CRL.M.(BAIL) 148/2025