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Verma d. Ashish   18 August 2008 at 07:27

grave and sudden provocation

the fact of the casr are:

STATEMENT OF FACTS GIVING RISE TO THIS APPEAL ARE THAT:



# Gurdip singh and Sohan singh were step brothers and the equal partition of their agricultural land was done by their father Murta singh 10 years ago in Delhi.

# Murta singh lived with Sohan singh since the partition leading to the dissatisfaction of Gurdip singh on being treated unequally.

# Gurdip singh was a night guard in a bank but their main occupation was agriculture and the irrigation was done from a common well which remained the bone of contention between the two step brothers.

# On the day of the incidence, Gurdip singh at about noon came and asked for the water for the irrigation of his field which was declined by Sohan singh which led to the heated arguments between the two brothers.”

# Murta singh was present there and he took the side of Sohan singh,Then sohan singh uttered “ you son of a concubine”,"GO AWAY" on hearing this Gurdeep singh left the field and returned along with Santok singh who was a colleague in his bank. Gurdip singh came with his licensed .303 rifle and fired one shot from a close range with his rifle hitting sohan singh on his right knee and a second shot on his biceps of left arm. Gurdip singh left the field and sohan singh was taken to the hospital. He died on the way due to excessive bleeding.

Trial and sessions judge convicted Gurdip singh under section 302 of the Indian penal code and Santok singh under section 302 read with 34 of the Indian penal code.


KIndly guide the best possible solution for the defence....and also some recent supreme court decisions.

regards

Verma d. Ashish   17 August 2008 at 14:45

grave and sudden provocation

how important is the word "sudden" in the grave and sudden provocation..what can we do in case if the accused went off to bring his rifle on being provocked and shoots the deceased twice who died due to excessive bleeding in his way to the hospital.the first shot was made with a close range on the right knee and the second on the bicep's of the left arm..and accused left the field..the acuused was the professsional night guard in the bank..please guide if there is any scope to prove that the accused lost his self-control and took the step.its a case of appeal in the high court against the conviction passed by trial and sessions judge under sec 302 of the indian penel code.

ANURAG   16 August 2008 at 16:14

criminal law.

1.>what is the extent of the limitation of the word "sudden" in the section 335 and 334 of the ipc that is grave and sudden provocation leading to death of the deceased.


2.>acc to sec 300(3) of the IPC that the bodily injury shud be sufficient i ordinary course of nature to cause death. on what grounds or evidence can the word "sufficient" be proved.

3.>how one accussed can get the benefit of doubt if he has caused bodily injured that is shooting someone twice, the provocation being grave but not sudden in this case as the accussed went off to bring his gun and came along with a colleague .

Shekhar   16 August 2008 at 13:11

Can a complaint's photocopy be taken by defandent?

Pls. share the various way through to get the complaint copy from the police station ?

smith sharma   14 August 2008 at 18:46

Crime conclusion

Respected members,
pls guide me abt crime conclusion.It's urgent pls.
thanx
with regards
Mis. Smith Sharma

bhagwant   14 August 2008 at 12:03

Fire cracker in class room

Boy from college having age of 24 blasted fire cracker in class room, he is caught, one stuedent of age more than 18 got injured. Now tell under what sections of IPC that boy will be charged. Please answers are invited from Advocates who are having knowledge of law and who knows correct section. Vague suggestions will be ignored.

lawyers friend   14 August 2008 at 00:53

about 406 cr.p.c

sir i think 406 cr.p.c is "criminal trust of breach" if bank file case against me u/s 406 cr.p.c. can i also file case against bank u/s 406 cr.p.c. because bank told me charge rate of interest @ 0.99% but they charge @ 2.95%.can i file any criminal case against bank so they come on back foot and agree to clear my dues for reasonable amount.

ajay kumar   13 August 2008 at 23:37

cheque return.

i take pl from one mnc bank in India.due to money crisis i not able to pay my emi regularly, now bank used my security cheque for payment of pl and that cheque return due to "stop payment".now what can i do.

sir bank not give me any loan recall notice etc....but they used my security cheque for full amount of loan.can they present security cheque for full amount or JUST EMI AMOUNT DUE ON EMI.

bhagwant   13 August 2008 at 10:20

Fire cracker in class room

One mischievous boy blasted fire cracker in class room, due to which one student injured, under what section offence will be registered.

kumar sachin   13 August 2008 at 00:55

ruling required URGENTLY on 412 cr p c

can any one suggest me ruling on 412 i.p.c.,
my defence is tht the alleged stolen article recovered from my premises
(1) i did not knew that the article is a stolen one.
(2) were kept without my knowledge and permission in my absence,