Does killing a person in the “heat of passion” after a sudden quarrel amount to murder? No, says the Delhi High Court, but only if the crime is committed before the passion can subside.

The High Court ruling came in the case of Vijay Kumar alias Dolly, who was sentenced to life imprisonment for stabbing to death a customer who had slapped Kumar after he refused to give the customer a glass of water.

The incident happened 17 years ago.

A Division Bench of the Delhi High Court, on October 15, ordered the release of Kumar from Tihar Jail when it concluded that Kumar committed the crime in a fit of rage and it was not pre-planned.

The former juice seller has spent almost nine years behind bars already.

Justices Sanjay Kishan Kaul and Ajit Bharihoke also decided to forego the Rs 100 fine Kumar had to pay.

Kumar’s story began on June 20, 1992, when autorickshaw driver Bhagirath asked him for a glass of water at his counter near Godbin Lodge in Nabi Karim area here. Kumar refused and Bhagirath slapped him in anger.

Prosecution evidence recorded with the court says a “humiliated” Kumar had then rushed to his brother’s house, five minutes away from his shop, and returned with a knife hidden in his trousers. He found Bhagirath at the same spot and stabbed him in the chest. Kumar then fled the scene after injuring one of the bystanders who tried to intervene.

... contd.