exceptions is that which I will for brevity call grave and sudden provocation. So that in plain language what we have to see is whether ... deprived of the power of self-control by grave and sudden provocation, (2) where the offender exercises the right of private defence in good faith
Director General, Border Security ... vs Iboton Singh (Kh) on 12 February, 2007
Equivalent citations: 2007
provocation was grave and sudden.
9. It is well to remember that, although our law relating to grave and sudden provocation, which reduces murder ... grave and sudden provocation rests. Of course, there may be cases in which, even though the provocation is grave and sudden, the cool and calculating
came to the conclusion that the accused acted on grave and sudden provocation and was deprived of the power of self-control. For this ... provocation, causes the death of the person who gave the provocation etc. But, this exception is subject to the first proviso that the provocation
that she did not venture an
opinion qua the grave and sudden provocation as testified
hereinabove, by the son of the respondent, Mustafa ... murder of the deceased, it was all in the grave and sudden
provocation, mere coming back to the room with chopper by
keeping it behind
sudden and hence the exception to Section 300 would apply.
10-The meaning of expressions "grave" and "sudden" provocation has come ... person could claim the benefit of provocation has to show that the provocation was grave and sudden that he was deprived of power of self
person must be both grave and sudden and whether in a particular case any grave and sudden provocation was given by the deceased ... only grave but also sudden. If either of these elements - gravity or suddenness is missing in that provocation, then the act cannot come within that
cardinal difference between provocation as defined under Exception I and sustained provocation. The only word which is common is 'provocation.' What Exception ... contemplates is a grave and sudden provocation, whereas the ingredient of sustained provocation is a series of acts more or less grave spread over
machine, to
get the tank on the property repaired, was a sudden provocation, given the history
of bad blood, which the prosecution witness ... 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
motive to kill the
deceased but he was overcome by sudden provocation to
assault the deceased. Lastly, the learned counsel
15
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
