‘There is nothing to presume at this stage that the deceased had given any provocation or that the accused was voluntarily provoked by the deceased’ : Delhi HC upholds murder charge against man accused of killing roommate during altercation
Justice Neena Bansal Krishna [10-07-2024]

Read Order: RAMDEV MUKHIYA @ RAMREKH v. STATE NCT OF DELHI [DEL HC- CRL.REV.P. 868/2024]

LE Correspondent

New Delhi, July 17, 2024: The Delhi High Court has upheld the charge of murder under section 302 of the Indian Penal Code (IPC)against a man accused of killing his roommate in a fit of rage following an argument.

The petitioner-accused had submitted that the charge against him was framed under section 302 IPC even though the FIR was registered under Section 304 IPC and the Charge Sheet has also been filed under Section 304 IPC. He also submitted that the facts of the case prima facie disclosed that it falls under Exception 1 of Section 300 IPCand the Charge under Section 302 IPC has been wrongly framed.

The High Court noted that the Law in this regard is absolutely clear and unambiguous that if the accused is able to establish that he had been provoked by the deceased without there being any corresponding provocation by the accused, then the death of a person may be held as culpable homicide not amounting to murder.

The Bench however held that “there was an altercation but there is nothing to presume at this stage that the deceased had given any provocation or that the accused was voluntarily provoked by the deceased. It is a matter of Trial whether there was any grave and sudden provocation. At this stage facts on which the case is made, do not lead to any such interference.”

The High Court also held that Explanation to Section 300 I.P.C. also states that whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

“The charge has been rightly framed by the learned ASJ and the impugned Order calls for no interference,” the High Court stated in the order, thereby dismissing the petition.

Ramrekh, a resident of a rented premises in Delhi, was charged under Section 302 IPC for allegedly hitting his roommate, Manik, on the head with a piece of a broken pot, leading to his death. The incident occurred on May 16, 2023, when Ramrekh and Manik, along with other roommates, were having dinner together and had an argument that led to an altercation.