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
slapping by the deceased
had acted as a grave and sudden provocation and, therefore, the
appellant should have been found guilty of offence under section ... provocation to the accused.
(ii) The provocation so given must have been grave.
(iii) The provocation given by the deceased must have been
sudden
enquiry, may be
stated thus: (1) The test of ―grave and sudden‖ provocation
is whether a reasonable man, belonging to the same class of
society ... words and gestures may also,
under certain circumstances, cause grave and sudden
provocation to an accused so as to bring his act within the
First
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
before
committing the murder. There did not seem to be any sudden
provocation and that it was a premeditated action. The learned trial
Court also
committed the offence of killing his wife in grave and
sudden provocation as he saw her (his wife) „with his own eyes
committing adultery with
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
Sh. Bharat Bhardwaj @ Nikku vs The State Govt. Of Nct Of Delhi on 27 March
control of himself and assaulted the deceased due to grave and
sudden provocation.
9. It will be noticed that before the Sessions Judge the
appellant ... Judge after noticing that the assault was an act of
sudden and grave provocation did not pursue the matter
further. It appears to us that
