months have passed yet the second provocation should be taken as final provocation which was grave and sudden provocation which caused the death.
Reliance ... wife in a compromising position, the sudden appearance of a lover would amount to a sudden provocation or not. In our opinion this would depend
kill the deceased. The accused-appellant acted under grave and sudden provocation by the complainant. The trial court has not considered this aspect. He urged ... Court has considered the result of very grave and sudden provocation and has held as under:
"18. The doctrine of sudden and grave provocation
question. The incident took place out of grave and sudden provocation and hence the accused are entitled to the benefit of Section 300 Exception ... incidence has happened in a sudden quarrel in a sudden fight during heat of provocation and the appellants are entitled to the benefit of exception
counsel for the appellant that the offence has been committed on sudden provocation and has proceeded to state that it is not a case ... sudden provocation and it is a case of clear intention.
(11). While deciding the appeal, the High Court has been guided by the principles laid
sudden fight" occurring in Exception 4 of Section 300 , though not defined, has been explained. "Sudden fight" implies mutual provocation; a bilateral ... 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
being deprived of the power of self-control by grave and sudden provocation causes the death of the person who has caused the provocation ... Code but where the act is done on grave and sudden provocation which is not sought or voluntarily provoked by the offender himself, the offence
Singh, Raghu Raj and Ram Prakash had used firearms due to sudden provocation and as such they are entitled to get benefit of exception ... provocation is not given by anything done in the lawful exercise of the right of private defense.
Explanation- Whether the provocation was grave and sudden
feabily argued that the said fact indicates that there was sudden provocation and there was no preconceived plan to kill him.
The submission ... material to indicate that it was a case of sudden provocation. On the other hand the accused appellant had stated that he had murdered
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 ... provocation is not given by anything done in the lawful exercise of the right of private defense.
Explanation. - Whether the provocation was grave and sudden
record to show that the appellant had received any grave or sudden provocation from the victims or that the appellant had lost his power
