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
such ill-treatment to her and
therefore, there is a grave and sudden provocation to
the accused and hence, even if it is assumed that
backyard of his
house. He had stated that due to grave and sudden
provocation on seeing his daughter sleeping with
Manju, the petitioner lost ... date of his arrest. It
is only due to grave and sudden provocation that the
accused had committed the murder and this aspect
done the said
4
act only because of sudden and grave provocation. On
these grounds, he prays for allowing the petition.
5. On the contrary ... accused-petitioner is
coming under the fact of sudden and grave provocation.
Apart from this, when the accused has been involved in
a heinous offence
further made submission in the
tussle and because of the grave and sudden provocation
the petitioner herein also assaulted the deceased.
Learned counsel further submitted ... contended
that at this stage that it is because of grave sudden
provocation or in exercise of right to private defense. It
is also
goes to show that the incident took place in
a grave and sudden provocation. He also made the
:4:
submission that there was no intention ... facie it cannot be said that it is
in a grave and sudden provocation or it is not a
premeditated act. Therefore, the prosecution material
Learned counsel also submitted that it was
because of the grave and sudden provocation looking to
the conduct of the deceased going to such ... petitioner/accused No.1. Therefore, there is no
question of grave and sudden provocation. He made the
submission that the opinion of the doctor regarding
Iv-Addl. District And Sessions Judge vs Mohan Kumar @ Shashidhara Poojary @ on 15 November, 2017
The Registrar General vs Mohan Kumar @ Sundar Rai @ Ananda @ on 12 October, 2017
Bench: Ravi
