Supreme Court of India
Dauvaram Nirmalkar v. State of Chhattisgarh
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What the Court ordered
We hold that th e acts of provocation on the basis of which the appellant caused the death of his brother, Dashrath Nirmalkar, were both sudden and grave and that there was loss of self-control.
Judgment, page 14
From the headnote
Penal Code, 1860 – ss.304 Part I and 302 and Exception 1 to s.300 – Murder – Conviction of appellant by Cour ts below u/s.302 IPC for murder of his brother – Challenge to – Held: The fact that the appellant and the deceased were toget her the night when the deceased suffered the fatal injuries is es tablished and proven – Therefore, s.106 of the Evidence Act gets attracted a nd in the absence of any breakin or third-party involvement, the chain of facts and circumstances established beyond doubt, bar es that the appellant and no other person was the perpetrator who had infli cted the injuries
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