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Delhi high court decides murder

Setting an example in quick disposal of lawsuits, the Delhi high court has decided a long pending murder case in just half an hour.

A bench of justices Pradeep Nandrajog and Mukta Gupta took up for hearing an appeal filed by one Abbu in 2011 and commuted his offence from murder to culpable homicide not amounting to murder, releasing him on period undergone.

The court was able to fast-track the matter as it was a relatively uncomplicated case not requiring a lengthy hearing or mountain of evidence.

In fact, Justice Nandrajog, who also heads the Delhi High Court Legal Services committee, pointed out during the hearing that such relatively straightforward criminal appeals pending in HC can be identified for quick disposal so that the load of 1,400 odd criminal appeals can be considerably reduced.

The bench called for the records of Abbu’s case as it had finished hearing most of the matters prior to lunch break and wanted to know if any long pending matter required their attention. That was when advocate Sumeet Verma, representing Abbu, urged the court to hear his appeal, submitting that it won’t take much time.



But even Verma was taken aback by the speed with which the court dealt with the case and disposed it.

According to the prosecution, on the intervening night of May 1-2, 2010, Abbu and his friend reached a dilapidated building near Mori Gate and met their friend Mota who was smoking smack. A quarrel ensued that escalated, resulting in Abbu attacking his friend with a paper cutter. When Mota tried to escape, he was dragged back into a room and beaten up once again. He later died of haemorrhagic shock.

While the trial court convicted Abbu of murdering his friend, HC took into account serious injuries received by the convict during the fight and concluded that even he was attacked.

“It all happened upon a sudden quarrel. There was a mutual fight. Both inflicted, incised and punctured wounds on each other. One died and one survived. The act committed by Abbu cannot thus be treated as murder. The act committed by him is culpable homicide not amounting to murder, punishable under Section 304, Part-II of the Indian Penal Code,” the bench noted in its verdict.

HC also criticized the trial court for its verdict in the case.

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