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1 - 8 of 8 (1.88 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 325 in The Indian Penal Code, 1860 [Entire Act]
K. M. Nanavati vs State Of Maharashtra on 24 November, 1961
27. Having regard to the facts and circumstances of the case, we find that both the
accused and the deceased hail from the same village, they belong to similar economic
condition and are of the same cultural, emotional social background. If a woman while taking
bath feels insulted by a comment made by a male member of the locality, it would be
reasonable to presume that such comment would invite the ire of the person concerned. In
such circumstances, it would also be reasonable to presume that the husband of the woman
would also be impacted emotionally by such conduct of a male person pertaining to modesty
of his wife sufficiently provoking him to respond. As such, by applying the test laid down by
the Hon'ble Supreme Court in the case of K.K. Nanavati (Supra), we are of the view that
both the accused persons in this case did not have any intention to kill the deceased but had
assaulted him having lost the power of self control due to the grave and sudden provocation
triggered by the conduct of the deceased.
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