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Parik Et

This document is a legal petition submitted to the Supreme Court of India. It summarizes the facts of the case, where a college student named Ravi Verma attacked his professor, Arjun Singh, with a knife after facing repeated public humiliation and unfair grading. It presents 3 key issues for the court's consideration: 1) Whether Ravi's actions can be justified as self-defense, 2) Whether the professor's provocation is grounds for Ravi's violent reaction, and 3) Whether Ravi's use of force was proportionate to the perceived threat. The document cites relevant sections of Indian law to support arguments that Ravi faced battered student syndrome and was defending his mental well-being, making

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11 views6 pages

Parik Et

This document is a legal petition submitted to the Supreme Court of India. It summarizes the facts of the case, where a college student named Ravi Verma attacked his professor, Arjun Singh, with a knife after facing repeated public humiliation and unfair grading. It presents 3 key issues for the court's consideration: 1) Whether Ravi's actions can be justified as self-defense, 2) Whether the professor's provocation is grounds for Ravi's violent reaction, and 3) Whether Ravi's use of force was proportionate to the perceived threat. The document cites relevant sections of Indian law to support arguments that Ravi faced battered student syndrome and was defending his mental well-being, making

Uploaded by

fellstraw707
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INDEX OF AUTHORITY

1. IPC
2. Indian kanoon
3. Bar and bench

STATEMENT OF JURISDICTION
The petitioner humbly submits to the jurisdiction of the
Honourable Supreme Court under section 299, 300 and
302.

STATEMENT OF FACTS
. The complainant is law abiding citizen of India and having faith in the
Indian Law and residing at the above given address.
. The complainant is running on behalf of our client Mr. Ravi Verma

who is a final year college student pursuing a college degree in


literature, Ravi is an innocent and introvert child but with a good
exceptional academic performance.

. The complaint is filed against Mr. Arjun Singh who is a professor and
he is also academic advisor and mentor of Ravi Verma, Mr. Singh,
known for his strict disciplinary approach.

. MR. Verma was allegedly humiliating by arjun Singh and publicly


humiliated and unfairly graded his assignments, and repeatedly made
derogated remarks about his capabilities and try to defame his image
under the section of 499 of the Indian penal code {ipc].

. on a fateful day, Mr. Singh once more made another derogated mark
on rave Verma but this time Mr. Verma couldn’t control on his anger
and emotion, with some drop of tears Mr. Verma grabbed a knife and
try to hurt Mr. Singh. the attack was eventually thwarted by other
student and faculty members, resulting in nonfatal injuries to the
professor.

. Ravi was apprehended by the college security and latterly charged


with attempt to murder.

ARGUMENTS
Issue 1: Whether or not Ravi’s actions can be justified as
an act of self-defense?
. according to section 299, Culpable homicide. —Whoever causes
death by doing an act with the intention of causing death, or with the
intention of causing such bodily injury as is likely to cause death, or with
the knowledge that he is likely by such act to cause death, commits the
offence of culpable homicide.
Illustrations:
Clause 1: A lays sticks and turf over a pit, with the intention of thereby causing
death, or with the knowledge that death is likely to be thereby caused. Z believing
the ground to be firm, treads on it, falls in and is killed. A has committed the offence
of culpable homicide.
Clause 2: by shooting at a fowl with intent to kill and steal it, kills B who is behind a
bush; A not knowing that he was there. Here, although A was doing an unlawful act,
he was not guilty of culpable homicide, as he did not intend to kill B, or to cause
death by doing an act that he knew was likely to cause death. Explanation 1. —A
person who causes bodily injury to another who is laboring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other, shall be
deemed to have caused his death. Explanation 2. —Where death is caused by bodily
injury, the person who causes such bodily injury shall be deemed to have caused
the death, although by resorting to proper remedies and skillful treatment the
death might have been prevented. Explanation 3. —The causing of the death of
child in the mother’s womb is not homicide. But it may amount to culpable
homicide to cause the death of a living child, if any part of that child has been
brought forth, though the child may not have breathed or been completely born.

Issue 2: - Whether or not “provocation” is fair grounds


for instigating violent reaction towards the alleged
“provocatory”.

. Any wrongful act or insult of such a nature as to be


sufficient to deprive an ordinary person of the power of self-
control may be provocation, if the offender acts upon it on
the sudden and before there has been time for his passion
to cool.
. but what are the exception of provocation? first. —That the
provocation is not sought or voluntarily provoked by the offender as
an excuse for killing or doing harm to any person. Secondly. —That
the provocation is not given by anything done in obedience to the
law, or by a public servant in the lawful exercise of the powers of
such public servant.
. accordingto section 334 of Indian penal code, whoever voluntarily
causes hurt on grave and sudden provocation, if he neither intends
nor knows himself to be likely to cause hurt to any person other
than the person who gave the provocation, shall be punished with
imprisonment of either description for a term which may.
Issue 3: Whether Ravi’s use of physical force was a
proportionate reaction to the threat perceived.

.Ravi’s act can be justified as self-defense. As per Section 97,


IPC it extends to defending both movable and immovable
property of oneself or of another person against the offence of
theft, robbery, mischief or criminal trespass (including the
aggravated forms of these offences) or any attempt therefore.
in section 97 also include mental peace disturbance.
. Hence, Mr. Verma was not in in attention to commit the crime
it was a culpable homicide, he was facing battered wife
syndrome (Battered wife syndrome is a symptom complex of
physical and psychologic abuse of a woman by her husband. it
can happen to the students of schools and colleges, offices and
etc.)

Prayer

In light of the facts stated, arguments advanced and authorities cited,


the applicant, humbly prays before the Honorable Court, to be
graciously pleased to –
• Pass any such order as this honorable court may deem fit in
the interest of justice.

All of which is most humbly and respectfully submitte d

Thank You, Your Honor(s)

Respectfully, Respondents.

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