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Awadhesh Kumar vs. State of U. P. & Anr. – (SC)

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Penal Code, 1860–Secs. 304 Pt. I–Applicability of provision–Prosecution proved that the incident in question took place half an hour after there was abusive language used by the cousin of original accused–Deceased and other persons did not challenge him–There was no further grave and sudden provocation by the deceased–Held, High Court committed error in applying the provisions of Exception 4 of Sec. 300–Judgment passed by trial Court deserves to be restored.