also a case where there was a
sudden fight or there was sudden provocation which led the
accused to act as he did and there ... 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
angry,
lost self control and followed the deceased under grave and
sudden provocation.
PW-2 Malwinder Singh, son of the deceased deposed
on similar lines ... angry,
lost self control and followed the deceased under grave and
sudden provocation.
PW-3 Jagir Singh, had identified the dead body of
Jaspal Singh
cardinal difference between provocation as defined under Exception 1 and sustained provocation. The only word which is common is 'Provocation'. What exception ... caused by the alleged provocation. The English Court do accepted the Indian innovative principle of sustained provocation as cumulative provocation in their criminal jurisprudence
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 ... 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
intention to do so arises from sudden passion involving loss of self-control emanated by grave and sudden provocation at the instance of the victim ... provocation or indignation ? Could not be said that such a provocation would not be grave and sudden in the factual premises of the facts
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
grave and sudden
provocation on seeing Sukhbir Singh in compromising position with Harjeet
Kaur. The provocation in the present case was sudden and grave. Thus ... person who claim the
benefit of provocation has to show that the
provocation was grave and sudden that he was
deprived of power of self
deceased was a stranger;
(viii) whether there was any grave and sudden provocation,
and if so, the cause for such provocation;
(ix) whether ... loss of his control, on account of grave and sudden
provocation and the second round accidentally hit when P.Ws.1 and 4
tried
death of Babul Boro was
caused due to grave and sudden provocation caused to the appellant and the appellant had
struck the deceased without ... person, who claims the benefit of provocation, has
to show that the provocation was grave and sudden that he was deprived of power of self
illicit intimacy
with the deceased; that the same caused grave and sudden
provocation in the appellant to cause the death of the
deceased and that ... sudden provocation as
the time lag of four days would take such provocation
outside the description of "sudden provocation".
Therefore, we are unable
