applicable. He argued that
there was a sudden and grave provocation to accused Kishore
Singh by the injured witness Jugta Ram whose penis was chopped ... when he admitted this fact there
was a sudden and grave provocation since Kishore Singh is a
relative of Bheru Singh. With respect
deceased must have given provocation to the
accused; (b) the provocation must be grave; (c) the provocation must
be sudden; (d) the offender ... into
consideration in ascertaining whether the subsequent act caused
sudden and grave provocation for committing the offence. There can
be sustained and continuous provocations over
that the death of Babul Boro was
caused due to grave and sudden provocation caused to the appellant and the appellant had
struck the deceased ... 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
property, could not give any sudden or grave
provocation, and therefore it is apparent that both the
deceased were killed without any sudden or grave ... circumstances, since no right of private defence and no
sudden or grave provocation was available to the
appellants, then it would be clear that they
aforesaid exception. It must be proved that there was
sudden and grave provocation as held by the Supreme Court. In
the case ... 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
suggestion as to lose his self control. It would be a grave provocation, because it would have been a very serious aspersion on the character ... averments made it was a case of sudden and grave provocation. In the instant case also, it appears that as the deceased kept the wife
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
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 ... under:-
18. The doctrine of sudden and grave provocation is incapable of rigid construction leading to or stating any principle of universal application. This will
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 ... Supreme Court held as under:
18. The doctrine of sudden and grave provocation is incapable of rigid construction leading to or stating any principle
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 ... track the shooting incident occurred probably on account of sudden and grave provocation. The circumstances available on record make it clear that the appellant would
