motive to kill the
deceased but he was overcome by sudden provocation to
assault the deceased. Lastly, the learned counsel
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contended that even ... homicidal
death, then the accused had acted due to grave and
sudden provocation which did not amount to murder.
12. Learned counsel submits that even
same were a result of the grave and sudden
provocation which emanated from the complainant's side, the moment, the accused
saw the mother ... mother were very much responsible for causing grave and sudden provocation to the
accused. It was argued on behalf of the accused at the stage
lost the power of self control on account of grave and sudden provocation in a sudden fight upon a sudden quarrel, therefore his case would ... there must be provocation to the accused; (ii) the provocation must be grave; (iii) the provocation must also be sudden; (iv) the provocation must have
purpose of constructing toilet. This act
has caused sudden provocation to the accused. Due to the sudden
provocation, the accused entered into the deceased house ... deceased must have given provocation to the accused.
(2) The provocation must be grave. (3) The provocation
must be sudden. (4) The offender, by reason
purpose of constructing toilet. This act
has caused sudden provocation to the accused. Due to the sudden
provocation, the accused entered into the deceased house ... deceased must have given provocation to the accused.
(2) The provocation must be grave. (3) The provocation must
be sudden. (4) The offender, by reason
homicidal death of the deceased is due to the
sudden provocation and there is no premeditation
and it happened on the spur of moment when ... effect that murder on
sudden provocation falls under Exception I to
Section 300 of the IPC and thereby, the Hon'ble
Supreme Court proceeded
under Section
302 IPC, inasmuch as, he committed the offence under sudden provocation and therefore, at
best appellant Zaffar could have been convicted under Section ... learned counsel for the appellant that the
appellants acted under sudden provocation and as such they could be held liable only for an
offence
taken, in as much as, accused had acted under grave
and sudden provocation. We have no hesitation in
13
rejecting this contention as, from ... completely absurd to
contend that there was grave and sudden provocation
from the side of the deceased especially when, while she
was rejecting the proposal
incident took place all of a sudden out of grave and sudden provocation because the qurrel arose on the spot and it was not premeditated ... deceased and that was considered to be outcome of grave and sudden provocation, and not a premeditated plan to assault the deceased because
enraged the accused persons and out of such grave and sudden provocation and on
being deprived of their power of self control, the accused persons ... hold that the accused Sumi had acted under grave and sudden provocation meted
out by the deceased.
25. It has also come out from
