head of the deceased due
to sudden and grave provocation, as he had seen the
deceased in a compromising position with one Ramesh
Vasava from ... accused that he
committed the act due to sudden and grave provocation
but had no intention of killing the deceased.
5. Upon evaluating and appreciating
have
fired a single gun shot because of sudden and grave
provocation. At the most, the act of the appellant would be an
offence under ... some hot
altercation took place and under sudden and grave
provocation, he caused single gun shot injury to the deceased.
Therefore
control. A person who claims the benefit of
provocation has to show that the provocation was
grave and sudden that he was deprived of power ... deceased must have given provocation to the
accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must
committed the
alleged offence, it is only because of sudden and grave
provocation because of the act of the accused who had
taken his wife ... discard their
evidence. Further, the principles of sudden and grave
provocation would not attract to the case on hand. On
these grounds, he prayed
alleged incident has taken place
because of the sudden and grave provocation when the
deceased told that the accused is impotent and as such ... deceased. It is a
simple act under the sudden and grave provocation.
Though the learned counsel for the petitioner has
contended that the said
Court has held as under:-
18. The doctrine of sudden and grave provocation is incapable of rigid
construction leading to or stating any principle ... fine
distinction has to be kept in mind between sudden and grave
provocation resulting in sudden and temporary loss of self-control
objection, therefore, he got provoked and
under sudden and grave provocation, he assaulted the
deceased and Puja and thus, the offence would not be under
fact that the crime was committed due to sudden and grave provocation done by his father-in-law or his wife. He has not taken ... provocation, thus, rests on the fact that it brings about a sudden and temporary loss of self-control. Each little provocation cannot be called grave
suffer a
prolonged spell of grave provocation. By
their nature such provocation even when
sudden and grave cool off with passage of
time often lapsing ... these circumstances do not
betray any signs of grave leave alone grave
and sudden provocation to have continued
haunting the appellant and disturbing his
mental
assaulting and using criminal force otherwise on grave
provocation to PW1 Sunita. Evidence on record does not show
any grave provocation by accused persons ... dealing with punishment for assault or
criminal force otherwise than on grave provocation prescribes for
punishment which may extend to three months, or with fine
