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29. The concept of provocation, which is integral part of the offence of man-slaughter in English Criminal Law has been imported to Indian Criminal Law. In this regard, both the Legal Systems are common. The reasons are obvious. The pivotal point in "provocation" is the offender having lost his mental balance, self-control due to the provocation caused to him or the situations under which he was so placed. But it should not be a self created or induced one.

30. Under the English Criminal Law, the provocation must be grave and also sudden. But, by way of judicial thinking, the Indian Criminal Law has gone ahead. (K.M.NANAVATHI Vs. STATE OF MAHARASTRA [A.I.R. 1962 S.C. 605]) In our system, there is the concept of "sustained provocation". It is concerned with the duration of the provocation. There may be incidents/occurrences, which are such that they may not make the offender suddenly to make his outburst by his overtact. However, it may be lingering in his mind for quite sometime, torment continuously and at one point of time erupt, make him to lose his self control, make his mind to go astray, the mind may not be under his control/ command and results in the offender committing the offence. The sustained provocation/frustration nurtured in the mind of the accused reached the end of breaking point, under that accused causes the murder of the deceased.

33. These aspects were also discussed in NANAVATI (supra) with reference to several English and Indian cases on the aspect of sudden provocation.

34. In SUYAMBUKKANI v. STATE OF TAMIL NADU [1989 LW (Crl.) 86], it is held as under :-

"Though there has been here and there attempts in those decisions to bring the sustained provocation under Exception 1 to Section 300, I.P.C., there is a cardinal difference between provocation as defined under Exception I and sustained provocation. The only word which is common is 'provocation.' What Exception I contemplates is a grave and sudden provocation, whereas the ingredient of sustained provocation is a series of acts more or less grave spread over a certain period of time, the last of which acting as the last straw breaking the camel's back may even be a very trifling one. We are, therefore, far from grave and sudden provocation contemplated under Exception 1 to S.300, I.P.C. Sustained provocation is undoubtedly an addition by Courts, as anticipated by the architects of the Indian Penal Code."

36. In CHANDRAN, IN RE [1988 Mad LW (CRL.) 113] another Division Bench of this Court, while considering the sustained, sudden and grave provocation, would hold as follows :-

"As the prosecution itself is relying on the confessional statement of the accused under Section Ex. P-13, we have no reservation in accepting the case of the accused that he cut the deceased on account of the sudden and grave provocation caused by the deceased and also on account of the sustained provocation the accused has been nurturing for a long period because of the conduct of the deceased in having illicit intimacy with his wife. Hence, we hold that the accused is entitled to Exception 1 to Section 300, I.P.C."

38. In CHINNAN @ CHINNASWAMI AND ANOTHER V. STATE [(1995) (2) M.W.N. (Cr.) 178], another Division Bench of this Court, after referring to the decisions mentioned above, has held as under :-

"While we accept the suggestion that the last straw could be considered as grave and sudden in a series of provocations, we are of the opinion that the last straw should at least be in the nature of provocation referred to in the earlier case reported in 1988 L.W. (CRL.) 113."

39. These decisions would show that the Court could add the 'sustained provocation' as one of the Exceptions to Section 300 of the Indian Penal Code.