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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