witnesses is consistent and cogent, therefore, the
theory of grave and sudden provocation given by the
deceased to the accused cannot be believed ... further submitted that the onus to prove
sudden provocation is on the defence, which has not
been discharged. This defence has emerged only
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 ... sudden quarrel. The fourth exception to Section
300 IPC covers acts done in a sudden fight. The said Exception deals with a
case of provocation
being deprived of the
power of self- control by grave and sudden provocation causes
the death of the person who has caused the provocation ... sudden quarrel. The fourth exception to Section 300 IPC covers
acts done in a sudden fight. The said Exception deals with a
case of provocation
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 ... person of reasonable
prudence if there was such grave and sudden provocation so as to
reasonably conclude that it was possible to commit the offence
having dealt with the
Indian Scenario relating to the grave and sudden provocation, has concluded
in Paragraph No.85 of the Judgment as follows ... cardinal difference between provocation as defined under Exception I and
sustained provocation. The only word which is common is 'Provocation'. What
exception
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 ... provocation to the
accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must
have been sudden
appellant / accused and P.W.1, and
thereby due to sudden provocation, the occurrence had taken place. Even
though M.O.1 / blood stained pillow ... 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
control. Words and gestures may, under certain
circumstances, cause grave and sudden provocation so
as to attract that exception. The mental background
created ... consideration in ascertaining whether the
subsequent act could cause grave and sudden
provocation for committing the offence, but the fatal
blow should be clearly traced
inspite of his objection, therefore, he got provoked and
under sudden and grave provocation, he assaulted the
deceased and Puja and thus, the offence would ... committed without
premeditation in a sudden fight in the heat
of passion upon a sudden quarrel and
without the offender's having taken undue
taken place in the
spur of a moment on account of sudden provocation, therefore,
it is a case of culpable homicide not amounting to murder ... single blow at the hands of the accused/appellant on
a sudden provocation and without premeditation, it has been
held to be a case falling
