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 ... held that the death occurred either because of a
sudden quarrel or on a sudden provocation. The accused were convicted for
Crl.A.907/2012
acting without
premeditation and upon either a sudden quarrel or upon a
grave and a sudden provocation. It is apparent that either
Exception ... unexpectedly; akin to a sudden bend in the road. It is
recognized that the defence of sudden and grave provocation
consists of a union
uses criminal force to any person
otherwise than on grave and sudden provocation given
by that person, shall be punished with imprisonment of
either description
injury; (v) whether
the act was in the course of sudden quarrel or sudden fight or free for
all fight; (vi) whether the incident occurs ... deceased was a stranger; (viii) whether there was any
grave and sudden provocation, and if so, the cause for such
provocation; (ix) whether
expressed a note of caution that the test
of grave and sudden provocation is whether a reasonable human being
belonging to the same class ... said
provisions is that in a case of grave and sudden provocation as envisaged
Crl.A.No.841/2001 & conn.matters Page
injury; (v) whether the act was in the
course of sudden quarrel or sudden fight or free for all fight;
(vi) whether the incident occurs ... deceased was a stranger; (viii) whether
there was any grave and sudden provocation, and if so, the
cause for such provocation; (ix) whether
while deprived
of the power of self-control by grave and sudden provocation causes the
death of the person who gave the provocation. The provocation
injury; (v) whether the act was in the
course of sudden quarrel or sudden fight or free for
all fight; (vi) whether the incident occurs ... deceased was a stranger; (viii) whether there was
any grave and sudden provocation; (ix) whether it
was in the heat of passion; (x) whether
murder.
16. Twin requirement must be satisfied. The provocation
must be grave. The provocation must be sudden. Howsoever
grave may be a provocation ... retaliation, being not the result of the
suddenness of the provocation, would not mitigate the offence.
17. An inquiry pertaining to a sudden and grave
appellant was overcome, if not by a grave and a sudden
provocation, at least by a sudden burst of emotion and
considering the fact that
