Supreme Court · 2012 INSC 603 · Decided 13 December 2012
Budhi Singh v. State of H.P.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 603 · [2012] 11 S.C.R. 848
- Case number
- CRIMINAL APPEAL No. 1801/2009
- Decided
- 13 December 2012
- Bench
- SWATANTER KUMAR, MADAN B. LOKUR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 299
Headnote
PENAL CODE, 1860. C s.300, Exception 1 and s. 304 (Part-1)-Death caused under grave and sudden provocation - Tests to be applied - Explained - Held: In the instant case, keeping in view that the deceased and the accused were real brothers, and the factum of the deceased being in a drunken state be reasonably held that there was sudden and grave provocation to the accused, who gave a 'tobru' blow on the head of the deceased which proved to be fatal -There was no previous animosity between the parties - Further, there was neither any premeditation nor an intention to kill the deceased -
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