having dealt with the
Indian Scenario relating to the grave and sudden provocation, has concluded
in Paragraph No.85 of the Judgment as follows ... cardinal difference between provocation as defined under Exception I and
sustained provocation. The only word which is common is 'Provocation'. What
exception
while deprived of the power of self control under rage and sudden provocation, caused the death of the person who gave the provocation, or causes
provoked the accused and in our
considered view, the said provocation was so sudden and grave, which would
have made the accused to lose ... deprived of the power of self control by grave and sudden provocation.
Therefore, exception I of Section 300 IPC cannot be attracted in the given
cannot be a lesser punishment.
28. There was no grave and sudden provocation
which could have come to his rescue. Thus he had
prepared
State vs Dinesh @ Dholu on 7 June, 2017
IN THE COURT OF SH. AJAY PANDEY
Chandigarh (1989) 2 SCC 217, this Court
held that if on a sudden quarrel a person in the heat of the
moment picks ... important was that the occurrence had taken place
on account of a sudden and unpremeditated fight and the
offender must have acted