must be the person who gave the provocation.
(ii) The provocation must be both ‗grave' and ‗sudden'.
(iii) The provocation must deprive ... provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been sudden
that she did not venture an
opinion qua the grave and sudden provocation as testified
hereinabove, by the son of the respondent, Mustafa ... murder of the deceased, it was all in the grave and sudden
provocation, mere coming back to the room with chopper by
keeping it behind
that the defence taken by
the appellant of "grave and sudden provocation" which is an exception
under Section 300 IPC must not only ... extreme anger. It was submitted that there
was no "sudden provocation" in the instant case and furthermore, as per the
version of deceased
advance to receive a provocation in order
to justify the subsequent homicide, the
provocation cannot be said to be sudden.
CRL.A. 277/2020 ... giving
the provocation is killed within a minute after the
provocation, it is a case of sudden provocation. If
the man is killed six hours
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 ... deceased must have given
provocation to the accused;
(b) the provocation must be grave;
(c) the provocation must be sudden;
(d) the offender
advance to receive a provocation
in order to justify the subsequent homicide, the provocation cannot be said
to be sudden. Secondly, the interval between ... giving the provocation is killed within
a minute after the provocation, it is a case of sudden provocation. If the man
is killed six hours
advance to receive a provocation in order
to justify the subsequent homicide, the
provocation cannot be said to be sudden.
CRL.A. 277/2020 ... giving
the provocation is killed within a minute after the
provocation, it is a case of sudden provocation. If
the man is killed six hours
whilst deprived of the power of
self-control by grave and sudden provocation, causes the death of the
person who gave the provocation or causes ... provocations not given by anything done in the
lawful exercise of the right of private defence.
Explanation- Whether the provocation was grave and sudden enough
clearly indicates that his actions were a result of
sudden provocation by the deceased. As per his statement, the deceased made
certain remarks concerning ... shows that the act was not a repercussion of sudden
provocation but rather a premeditated one.
11. The ld. APP in conclusion submits that this
satisfied. (i) deceased must have given the provocation to the accused (ii) provocation must be grave and sudden (iii) the offender by virtue ... grave and sudden to the appellant/accused, he even snatched his pistol. These facts how that grave and sudden provocation in the facts
