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Mathur @ Mathura Mondal vs The State Of West Bengal on 3 July, 2019 cites

Devendra Nath Srivastava vs State Of U.P on 6 April, 2017

6. Mr. Soubhik Mitter, the Learned Counsel appearing on behalf of the appellant submitted as follows. The alleged incidents took place evidently at the spar of the moment and without any premeditation. Therefore, in spite of Section 302 of the Penal Code, at best Section 304 of the Penal Code could have been attracted in the present case. On this, reliance was placed on Devendra Nath Srivastava vs. State of Uttar Pradesh, (2017) 5 SCC 769, K. Ravi Kumar vs. State of Karnataka (2015) 2 SCC 638 and State of Madhya Pradesh vs. Abdul Latif, (2018) 2 CCrLR (SC) 233. The appellant has already undergone custody for nearly 12 years. In the alternative, the Learned Counsel prayed for a reference to the State for considering remission of sentence.
Supreme Court of India Cites 8 - Cited by 10 - P C Pant - Full Document

The State Of Madhya Pradesh vs Abdul Latif on 12 March, 2018

6. Mr. Soubhik Mitter, the Learned Counsel appearing on behalf of the appellant submitted as follows. The alleged incidents took place evidently at the spar of the moment and without any premeditation. Therefore, in spite of Section 302 of the Penal Code, at best Section 304 of the Penal Code could have been attracted in the present case. On this, reliance was placed on Devendra Nath Srivastava vs. State of Uttar Pradesh, (2017) 5 SCC 769, K. Ravi Kumar vs. State of Karnataka (2015) 2 SCC 638 and State of Madhya Pradesh vs. Abdul Latif, (2018) 2 CCrLR (SC) 233. The appellant has already undergone custody for nearly 12 years. In the alternative, the Learned Counsel prayed for a reference to the State for considering remission of sentence.
Supreme Court - Daily Orders Cites 4 - Cited by 8 - S A Nazeer - Full Document

Virsa Singh vs The State Of Punjab on 11 March, 1958

Even after the incident, the appellant restrained others from coming in and threatened them. Even the younger daughter was threatened. Therefore, the appellant clearly had knowledge about the consequences of his actions. Reliance was placed on the decision of the Hon'ble Apex Court reported in Virsa Singh, vs. State of Punjab, AIR 1958 SC 465. As regards the decision relied upon by the Learned Counsel for the appellant, the same were distinguished on facts, inter alia, as the present case involved a double murder, committed one after another.
Supreme Court of India Cites 8 - Cited by 663 - Full Document
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