Bombay HC converts conviction from murder to culpable homicide, recognises “continuous provocation” from tobacco-addicted brother
“The deceased used to beat them even though they tried to persuade him to give up his addictions and improve.”
Grave and Sudden Provocation
‘He could not handle the barrage of abuses on him and his mother’; Bombay HC grants bail to 20-year-old student accused of murdering his bedridden father
“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”
Supreme Court rejects plea of grave and sudden provocation of mother who administered poison to children in suicide attempt
“There is no valid reason ground for the state not accepting the recommendation of the State level Committee for premature release of the Appellant. Supreme Court is not oblivious to the crime but they are equally not oblivious to the fact that the Appellant has already suffered at the cruel hands of fate.“
Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide
The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.
SL SC | Defence of ‘grave and sudden provocation’ not available where provocation emanates from accused himself
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, Prasanna Jayawardena and L.T.B. Dehideniya, JJ.,