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The Delhi High Court has recently commuted the life sentence to a man to eight years imprisonment after modifying the offence of murder into culpable homicide in the case related to unintentional death by shooting by the convict in December 2014.
This case pertains to the death of Mohd Mumtaz who was a mechanic in Ajeet Nagar, Seelampur. An FIR was registered on December 16, 2014. Appellant was arrested on December 21, 2014. Appellant Rahul was convicted by the Karkardooma Court on July 25, 2022, for the offences of murder, attempt to murder and arms act. He was sentenced on September 2, 2022 according. He had challenged both orders. A division bench comprising justices Prathiba M Singh and Amit Sharma commuted the life sentence awarded to convict Rahul. While deciding the appeal against the sentence, the court noted that in the manner in which the shot was fired and the circumstances in which it was so done, the prosecution had not been able to prove beyond reasonable doubt that the present case is covered under any of the Clauses of Section 300 (Definition of Murder) of the IPC. The High Court held that the case of the appellant would fall within the purview of Part II of Section 304 (Culpable homicide not amounting to murder) of the IPC. "Accordingly, the conviction of the appellant for the offence punishable under Section 302 of the IPC is modified and he is held guilty for the commission of offence punishable under Part II of Section 304 of the IPC for causing death of the deceased," the division bench ordered on October 29. The High Court has also converted the conviction of the appellant for the offence punishable under Section 307 (Attempt to murder) of the IPC, into a conviction for the offence punishable under Section 308 of the IPC for attempting to cause culpable homicide of another man. The High Court noted that the nominal roll dated 20.02.2024 shows that the Appellant, as on 18.02.2024, has undergone incarceration for approximately 5 years including the remissions earned by him during his custody period. As per the order on sentence dated 02.09.2022, the appellant is an adult of 30 years of age and has a family comprising of his wife and 3-year-old daughter. In the order of sentences, it is also recorded that he was also expecting another child at that time. The High Court commuted the earlier sentences and modified to the sentence to rigorous imprisonment for 8 years along with a fine of Rs. 15,000. For the offence punishable under Section 308 of the IPC, the appellant is sentenced to a period already undergone along with a fine of Rs. 5,000. For the offence punishable under Section 25 of the Arms Act, the appellant is sentenced to a period already undergone along with a fine of Rs. 5,000. (ANI)
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