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1 - 9 of 9 (0.19 seconds)The Indian Penal Code, 1860
Section 300 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 207 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Mansa Ram vs State Of Haryana And Others on 12 November, 2008
It follows, therefore, that each case must be considered
according to its own facts and the Court must decide the particular
CRA NO. D-367-DB of 2008(O&M) 12
circumstances of that case whether the provocation was grave and sudden,
enough to permit an indulgent view of the crime committed by the accused.
What a reasonable man i.e a normal person will do in certain circumstances
depends upon the cultural, social and emotional background of the society to
which the accused belongs. However, the court must consider the reaction
not of the normal man in the abstract but the normal man whose impulses are
conditioned by the same environment as the accused as laid down in Mansa
Ram's case (supra).
Mahmood vs State on 17 November, 1960
In
Mahmood v. State, AIR 1961 Allahbad 538, it was held by the Hon'ble
Allahbad High Court that the Explanation at the end of the Exception is very
important for it enjoins that the question whether provocation was grave and
sudden enough to prevent the offence from being murder should not be
treated as a question of law, but one of fact and decided like any other
question of fact.
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