incident of stabbing also took place all of a sudden due to
sudden provocation given by the injured, as he had needlessly
intervened ... Addl. PP that it is
not a case of sudden quarrel over grave and sudden provocation, as
the accused had time to think and cool
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 ... made the accused to loose his tamper, and out of
this sudden provocation he brought the chopper and gave multiple injuries
entire incident took place because of
grave and sudden provocation.
9.4. In rebuttal, Learned Additional Public Prosecutor:
a) As regards arguments of learned counsel ... come under Exception 1
Section 300 IPC the provocation is to be grave and
sudden and should be one which is sufficient to deprive
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 ... exercise of the right of private
defence.
Explanation - Whether the provocation was grave and
sudden enough to prevent the offence from amounting to
murder
State vs . Amarjeet Singh Fir 211/2011 ... on 19 December, 2018
State Vs. Amarjeet Singh
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 ... exercise
of the right of private defence.
Explanation - Whether the provocation was
grave and sudden enough to prevent the
offence from amounting to murder
whilst deprived of the power
of selfcontrol 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 defence.
Explanation. Whether the provocation was grave and sudden
injury; (v) whether the act was in the course of
sudden quarrel or sudden fight or free for all fight; (vi) whether the incident
occurs ... deceased was a stranger; (viii)
whether there was any grave and sudden provocation, and if so, the cause
for such provocation; (ix) whether
uses criminal force to any person otherwise than on
grave and sudden provocation given by that person, shall be
punished with imprisonment of either description
with fine, or with both.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under
such circumstances that if he thereby caused
