competent-Plea of General
Exception-Burden of proof-"Grave an sudden
provocation"-Test-Power of High Court in
reference- Code of Criminal Procedure ... verdict
perverse and that since there was grave and sudden
provocation the offence committed if any, was not
murder but culpable homicide not amounting
determine whether the deceased had given any provocation to
the accused, whether the provocation was sudden and whether the same was
sufficiently grave ... provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been sudden
deceased must have given provocation to the accused; (b) the
provocation must be grave; (c) the provocation must be sudden;
(d) the offender ... 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
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
deceased must have given provocation to the
accused;
(ii) The provocation must be grave;
(iii) The provocation must be sudden;
(iv) The offender, by reason ... 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
determine whether the deceased had given any provocation to
the accused, whether the provocation was sudden and whether the same was
sufficiently grave ... provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been sudden
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 ... sudden quarrel. The fourth exception to Section
300 IPC covers acts done in a sudden fight. The said Exception deals with a
case of provocation
death of the deceased
was caused due to grave and sudden provocation and, therefore,
offence would fall under Exception I of Section ... 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
sudden and hence
the exception to Section 300 would apply.
10. The meaning of the expressions “grave” and “sudden” provocation has
come up for consideration ... 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
Harbans Singh caused the death of Jeet Singh in
grave and sudden provocation. Giving benefit of doubt to the
appellants, Sessions Judge acquitted them.
High ... 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
