father, therefore, it is obvious that occurrence took place all of
sudden, in which one stab injury was caused by accused
appellant, Rafique to Abbas ... knife to the deceased in spur
of moment due to sudden provocation, as such, no offence under
Section 302 of IPC is made out against
deceased was a
stranger; (viii) whether there was any grave and
sudden provocation, and if so, the cause for such
provocation; (ix) whether ... question. The incident took place out of
grave and sudden provocation and hence
the accused are entitled to the benefit of
Section 300 Exception
held that if
occurrence took place in sudden provocation then the conviction
can be altered from offence under Section 302 IPC to Section 304
Part ... CRLA-8/2016]
in their agricultural field and all of sudden quarrel
took place in which injuries were inflicted by the
accused appellant
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 ... committed without premeditation in a sudden fight in the
heat of passion upon a sudden quarrel and without the
offender having taken undue advantage
families
were not cordial and probably due to said reason, in
sudden provocation in anger, accused appellant
committed throttling of Smt. Manju (deceased), which
resulted
reason to cause injury to the
deceased in anger or in sudden provocation.
We have perused the statements of Dr.
Jagdishchandra Kukna
appellants attacked the deceased. Thus, the incident
occurred due to a sudden fight which, in our view,
falls under exception (4) of Section ... this exception four
requirements must be satisfied, namely, (i) it
was a sudden fight; (ii) there was no
premeditation; (iii) the act was done
