sudden and hence the exception to Section 300 would apply.
10-The meaning of expressions "grave" and "sudden" provocation has come ... person could claim the benefit of provocation has to show that the provocation was grave and sudden that he was deprived of power of self
that :
"A, accused of murder, alleges, that by grave and sudden provocation, he was deprived of the power of self-control."
9. Under ... counsel could have taken up the plea of grave and sudden provocation. But unfortunately, such a plea was not raised. Yet, when we consider
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 ... exception-1 to
section 300 are (1) provocation (2) that such provocation must be
sudden and grave and (3) that same should emanate from
cardinal difference between provocation as defined under Exception I and sustained provocation. The only word which is common is 'provocation.' What Exception ... contemplates is a grave and sudden provocation, whereas the ingredient of sustained provocation is a series of acts more or less grave spread over
machine, to
get the tank on the property repaired, was a sudden provocation, given the history
of bad blood, which the prosecution witness ... 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
mediated crime, but was out of
grave and sudden provocation as per the evidence on record.
Mr. Parghi stated that the appellant's wife ... hours at 12:30 at mid-night which gave grave
and sudden provocation to the appellant, led him to assault
his wife, who later
incident occurred in the background of
emotional stress, fear and sudden provocation and there was no
premeditated intention on the part of the appellant ... attract the exception of grave and sudden
provocation, the provocation must be both grave as well as
sudden so as to deprive an ordinary person
provocation to the
accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been
sudden ... 2353/1997
provocation. By their nature such provocation even when
sudden and grave cool off with passage of time often
lapsing into what would become
test of suddenness is
not merely a mechanical question of proximity of time or
the quantum of time intervening between provocation and
assault; the real ... first Exception to Section 300 IPC, the provocation must be
sudden and grave which renders a person lose his self
control and drives
test of suddenness is
not merely a mechanical question of proximity of time or
the quantum of time intervening between provocation and
assault; the real ... first Exception to Section 300 IPC, the provocation must be
sudden and grave which renders a person lose his self
control and drives
