The State vs 1. Naveen S/O Karamvir Singh on 3 September, 2014
FIR No
Whether the injured was attacked by the accused due to grave
and sudden provocation?
28. It is submitted by learned Addl. PP that the accused ... provocation is not given by
anything done in the lawful exercise of the
right of private defence.
Explanation. Whether the provocation was
grave and sudden
accused was such that the accused could get a grave provocation, and thus, in such a
case, the accused was entitled to the benefit ... 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
killing the deceased. The entire
incident happened due to sudden and grave provocation. At this stage, it is
pertinent to rely upon the judgment ... fine distinction has to be kept in mind between
sudden and grave provocation resulting in sudden and
temporary loss of selfcontrol
caused hurt; that
such hurt must have been caused on grave and sudden provocation
and the accused must not intend to hurt or know ... provocation deemed sufficient by itself
to trigger the punitive action. Last provocation has to be
considered in light of the previous provocative acts or words
held as under:
"18. The doctrine of sudden and grave provocation is incapable of
rigid construction leading to or stating any principle of universal ... fine
distinction has to be kept in mind between sudden and grave
provocation resulting in sudden and temporary loss of selfcontrol
2000
State Vs. Vinod Arya
to dishonour person, otherwise than on grave provocation.-
whoever assault or uses criminal force to any person, intending
thereby ... that person and c) it should be used otherwise than on
grave provocation.
15. In the present matter nothing is stated by accused
entire incident took place because of
grave and sudden provocation.
9.4. In rebuttal, Learned Additional Public Prosecutor:
a) As regards arguments of learned counsel ... that to come under Exception 1
Section 300 IPC the provocation is to be grave and
sudden and should be one which is sufficient
assaults or uses criminal force on any person
otherwise than on grave provocation. To establish this section it
is necessary that the person
argued that the accused had taken this step on a grave provocation from the
injured. However, this defence of the accused is also not strong
