Supreme Court · 1961 INSC 323 · Decided 28 November 1961

Birajmohan Das Gupta v. The State of Orissa and Others

Court
Supreme Court of India
Citation
1961 INSC 323 · [1962] SUPP. 1 S.C.R. 681
Case number
WRIT PETITION (CIVIL) No. 117/1961
Decided
28 November 1961
Bench
P.B. GAJENDRAGADKAR, A.K. SARKAR, K.N. WANCHOO, K.C. DAS GUPTA, N. RAJAGOPALA AYYANGAR (5-judge bench)
Outcome
Dismissed
Case type
Writ / Constitutional
Acts & sections cited
IPC Section 300; Constitution Article 32; Motor Vehicles Act Section 68D(2)

Headnote

SUPREME OOURT REPORTS 68L regain his self-control, even if he had not regained it earlier. On tho other hand, his conduct clearly shows that the murder was a. deliberate and calculated one. Even if any oonvers'.ltion took place between the accused and the deceased in the manner described by the abused the deceas­ ed and the abuse provoked an equally abusive reply could not conceivably be a provocation for the murder. We, therefore, hold that the facts of the case do not attract the provisions of Exception I to s. 300 of the Indian Penal Code. In the result, conviction of the accused

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