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1 - 10 of 14 (0.24 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
State Of Punjab vs Jagtar Singh & Ors on 26 July, 2011
9. It is not in dispute that there was a love
affair between Bandana Panchal and Sukumar
Ray and it was not liked by the family members of
Bandana Panchal. On the night of occurrence
night about 8.00 p.m. Sukumar Ray went to the
house of Bandana Panchal to meet her. Annoyed
by the presence of Sukumar Ray in the night in
their house the appellants and other accused
persons beat Sukumar Ray and dragged him from
the first floor to the ground floor through wooden
staircase which resulted in injuries. Nobody
would tolerate such an intruder into their house
in the night hours. By no means, can it be held to
be a case of premeditation and it was a case of
grave and sudden provocation and would come
under the First Exception to Section 300 IPC. The
fact situation bears great similarity to that in the
decisions in Mangesh v. State of Maharashtra,
(2011) 2 SCC 123 and State of Punjab v. Jagtar
Singh, (2011) 14 SCC 678.
Arun Raj vs Union Of India & Ors on 13 May, 2010
43. Their Lordships of the Supreme Court in Arun Raj Vs. Union
of India and others, (2010) 6 Supreme Court Cases 457 have held that
"provocation" is to be judged on scale of a normal man. Their Lordships
further held that external stimulus can result into loss of self-control. Such
provocation and the resulting reaction need to be measured from the
surrounding circumstances. Their Lordships have held as under :-
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Sukhlal Sarkar vs Union Of India & Ors on 24 April, 2012
44. Their Lordships of the Supreme Court in Sukhlal Sarkar Vs.
Union of India and others, (2012) 5 Supreme Court Cases 703 have
explained the terms "grave" and "sudden" provocation. Their Lordships
have held that expression "grave" indicates that provocation must be of such
nature so as to give cause of alarm to accused, while "sudden" means quick
and unexpected action of provocation. Their Lordships have held as under :-