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1 - 10 of 13 (0.38 seconds)The Indian Penal Code, 1860
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Dhirajbhai Gorakhbhai Nayak vs State Of Gujarat on 25 July, 2003
23. As ruled by the Apex Court in Dhirajbhai Gorakhbhai Nayak v. State of Gujarat (2003 (9) SCC 322), the help of Exception 4 to Section 300 I.P.C. can be invoked if the death is caused,
Section 374 in The Code of Criminal Procedure, 1973 [Entire Act]
Sachchey Lal Tiwari vs State Of Uttar Pradesh on 6 October, 2004
It is also further held, whether the incident would have taken place due to heat of passion, it must be seen that there must be no time for the passion to cool down. On the other hand, if it is shown by facts, that there was a chance to come to the conclusion that the heat of passion should have come down or diminished or cool down on its own, then invoking exception (4) to Section 300 I.P.C. may not be possible and desirable. Further, there must have been a fight between the parties involving more than one person minimum being two persons to have a fight. The same position is reiterated in plethora of decisions rendered by the Apex Court including Sachchey Lal Tiwari v. State of U.P. (2004 11 SCC 410).