MANGA RAM vs STATE

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th February, 2025 + CRL.A. 276/2002 MANGA RAM .....Appellant Through: Mr. Ramneek Mishra, Mr. Rupinder Pal Singh, Mr. Abhinav Singh, Mr. Vikas Chaudhary, Mr. Tejendra Rajawat, Mr. Anugrah Singh, Ms. Shreya Chopra & Mr. Praveen Kaushik, Advocates versus STATE .....Respondent Through: Mr. Ritesh Kumar Bahri, APP with Mr. Lalit Luthra & Ms. Divya Yadav, Advs. with Insp. Nitin Pal Singh, PS Tuglaq Road. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present appeal has been filed by the Appellant – Manga Ram under Section 374 of Cr.P.C challenging the impugned judgment and order on sentence dated 6th February, 2006 passed by the ld. ASJ, Patiala House, New Delhi in FIR No 263/1997 filed by PS Tuglaq Road under Section 302 IPC. The Appellant vide the impugned judgment and order on sentence has been convicted under Section 302 and sentenced for life imprisonment. The relevant paragraphs of the order on sentence reads as under: “Vide separate order I have convicted Manga Ram u/s 302 IPC. I have heard ld. APP and ld. Defence Counsel on the point of sentence. It has been submitted by ld. Counsel for the accused that he is not a previous Signature Not Verified Digitally Signed CRL.A. 276/2002 Page 1 of 15 By:DHIRENDER KUMAR Signing Date:18.02.2025 18:59 convict, he has a big family to support, therefore, a lenient view be taken. It is also argued that the incident has taken place on the spur of the moment which requires that accused should be treated with leniency. 2. Two sentences have been prescribed u/s 302 IPC i.e. the capital sentence and sentence of imprisonment for life. No third alternative has been provided. The