हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 
Home / Latest News / SC: ‘Voluntary Provocation’ not a defence against conviction under Section 302 IPC. Read Judgement.

SC: ‘Voluntary Provocation’ not a defence against conviction under Section 302 IPC. Read Judgement.

February 11, 2019:

On Monday, the Bench comprising of Justices L. Nageswara Rao and Sanjay Kishan Kaul of Hon’ble Supreme Court while deciding an appeal filed by the State of Uttar Pradesh observes that ‘no overt act is alleged against the deceased by which it can be stated that the Respondent was provoked’.

Justice Sanjay Kishan Kaul & Justice L. Nageswara Rao

The Trial Court held that the Respondent (Faquirey) had fired at the deceased from his pistol as he had a doubt that the deceased was visiting his house with an evil eye on his wife. Therfore, the respondent was convicted under Section 302 IPC  by the trial court and sentenced to undergo life imprisonment.

When the Appeal was filed before the high court, it observed that the intervention of the deceased in the quarrel between the two factions led to the Respondent losing his self control. The High Court was of the opinion that this resulted in grave and sudden provocation.

Observing so, the High Court converted the conviction of the Respondent from Section 302 IPC to Section 304 Part I IPC.

The Hon’ble Bench of the Supreme Court observed, “there is no dispute that the shot fired from the pistol by the Respondent is due to the grudge that he had against the deceased.”

According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. It would be relevant to refer to the First Proviso to Exception I which provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

SC asserts, “….no overt act is alleged against the deceased by which it can be stated that the Respondent was provoked. From the proved facts of this case it appears that the provocation was voluntary on the part of the offender. Such provocation cannot come to the rescue of the  respondent to claim that he is not liable to be convicted under Section 302 IPC.

According to the Bench, the provocation in question was voluntary on the part of the offender. Such provocation cannot come to the rescue of the Respondent to claim that he is not liable to be convicted under Section 302 IPC.

The Bench held, “the High Court committed a serious error in converting the conviction of the Respondent from under Section 302 IPC to under Section 304 Part I IPC, without proper appreciation of the scope of Section 300 IPC….. the judgment of the High Court is set aside and the judgment of the Trial Court convicting the Respondent under Section 302 IPC and sentencing him to life imprisonment is restored.

Read Judgment @ LatestLaws.com

THE STATE OF UTTAR PRADESH Vs FAQUIREY 11.02.2019(Downloadable PDF)

Facebook Comments

 
Related tags :
 
Hindu

TOI

Demonitisation Diaries 2 Demonitisation Diaries 2  pic by sify State of JudiciaryState of Judiciary by Sandeep Adhwaryu of TOI Soaring of Oil Prices pic by indiaone ALL_1_Theme_01A_24_2383617g

Hindu

America First Walk Your own Talk State of Affairs Women Safety: State of Affairs             pic by mangal

TOI

Hindu Hindu

TOI

TOI

Humour @ Latest Laws Achhey Din Humour @ Latest Laws: Achhey Din Demonitisation Diaries Demonitisation Diaries                                                       by sify

TOI

Tax Reforms    by Hindu Tax Reforms by Hindu

Hindu Hindu

TOI

Auto Driver thrashed for no fault Auto Driver thrashed for no fault,                  source oneindia Delivery Boy Delivery Boy                    by Satish TOI Belts are for Dogs Belts are for Dogs

Hindu

Hindu

Hindu TOI Missing the Point Missing the Point pic by english blog

Hindu Hindu

Job Hazards 150425_-_farmers_a_2384764f

Hindu

Demonitisation Diaries 1 Demonitisation Diaries 1                                  pic by sify   TOI

...as an eminent lawyer you ought to know that your action tantamount to, under Section B, sub-section G.VIX, read along with I.P.C. (A) XI (B), notwithstanding...                                        TOI

TOI

Hindu Hindu

IBN IBN

TOI

pinterest

Cartoon

Hindu

Pic by Hindu Women Empowerment and Sports Women Empowerment and Sports Hindu

Hindu

Hindu

Hindu

TOI

Lawyers Bearing the Burden Literally Lawyers Bearing the Burden Literally pic by OMG Acheche DIn Acheche Din     pic by sify [caption id="attachment_97467" align="alignleft" width="621"]Humour with Latest Laws Humour with Latest Laws[/caption] TOI Let Justice Be Let Justice Be Time to straighten up Time to straighten up                pic by TOI Hindu Hindu

Hindu

Alligator vs Litigator Alligator vs Litigator [caption id="attachment_97462" align="alignleft" width="524"]Painting India Saffron Painting India Saffron[/caption] [caption id="attachment_97477" align="alignleft" width="621"]UIDAI Leaks UIDAI Leaks[/caption]

Hindu

State of Two Nations State of Two Nations               pic by sandeep If India takes One Step, we will take Two by Satish If India takes One Step, we will take Two ...................by Satish [caption id="attachment_97474" align="alignleft" width="621"]Donald Trump’s immigration ban Donald Trump’s immigration ban[/caption] TOI

TOI

Hindu Four Pillars of Democracy Four Pillars of Democracy             by Satish
 
 
 

Check Also

Kashmir separatist leaders

Security of five Kashmir separatist leaders withdrawn over Pulwama attacks, they say ‘we don’t need it’

February 17, 2019: They said that it was the government that insisted on keeping the personnel based on what they said was their assessment of threat perception. The Jammu & Kashmir administration has withdrawn the security of five separatist leaders ...

Leave a Reply

Your email address will not be published. Required fields are marked *