quarrel with the
petitioner, there were exchange of words between two and
suddenly petitioner alleged to have brought a knife from
the kitchen and assaulted ... further submitted that the
incident is because of the grave and sudden provocation
and the act is not pre-meditated. Hence, he submitted that
charge sheet is filed. The incident is because of
sudden provocation and was not an intentional act.
Hence, the learned counsel for the petitioner prays
herein that the said incident is only because of
grave and sudden provocation. However, on perusal of the
prosecution materials, it is seen that
show that the incident took place in
a grave and sudden provocation. He also made the
:4:
submission that there was no intention ... cannot be said that it is
in a grave and sudden provocation or it is not a
premeditated act. Therefore, the prosecution material
:6:
goes
made submission in the
tussle and because of the grave and sudden provocation
the petitioner herein also assaulted the deceased.
Learned counsel further submitted that ... contended
that at this stage that it is because of grave sudden
provocation or in exercise of right to private defense. It
is also
counsel also submitted that it was
because of the grave and sudden provocation looking to
the conduct of the deceased going to such a long ... accused No.1. Therefore, there is no
question of grave and sudden provocation. He made the
submission that the opinion of the doctor regarding
father and the present petitioner and because
of the grave and sudden provocation, the present
petitioner alleged to have assaulted the deceased with the
stick