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18. In this case, it is found that there was a sustained provocation on the part of the Appellant, leading to the incident. Useful reference can be made in this regard to the judgment of the Hon'ble Division Bench of this Court reported in 2012 (2) MLJ (Crl.) 482 in the case of Poovammal vs. State, wherein it has been held as follows:

“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 http://www.judis.nic.in 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."

19. Therefore, finding that there is some force in the submission made by the learned counsel for the accused and taking into consideration the fact that there is an element of provocation, in other words “sustained provocation”, in our considered opinion, this case will fall under Exception 1 to Section 300 of IPC.

20. To bring the case under the above exception, first stage is to see if the accused has done any act, which has caused the death. Once the Court is satisfied with the first stage, it leads to the second stage in order to see if the act of the accused person amounts to “culpable homicide” as defined under Section 299 of the Indian Penal Code and if the answer of this question is found in the affirmative, the Court has to reach the next stage to consider the operation of Section 300 of the Indian Penal Code and see if the act can be brought under any one of the four limbs of Section 300 of the Indian Penal Code. If the answer for this http://www.judis.nic.in question is in the negative, the offence would be culpable homicide not amounting to murder punishable under the first and second part of Section 304 of the Indian Penal code. If the question is found to be positive, then the Court has to see if the act comes within any of the exceptions enumerated under Section 300 of the Indian Penal Code and if it falls under the exception, it will again come within the category of culpable homicide not amounting to murder, punishable under Section 304 of the Indian Penal Code.