illicit intimacy
with the deceased; that the same caused grave and sudden
provocation in the appellant to cause the death of the
deceased and that ... sudden provocation as
the time lag of four days would take such provocation
outside the description of "sudden provocation".
Therefore, we are unable
under any pre-mediated
act but out of said grave and sudden provocation within the exception-1 of
Section 300 IPC which speaks that ... grave and sudden provocation supra and Section
300 IPC speaks that whether the provocation was grave and sudden enough
to prevent the offence from amounting
mainly contended that the
incident occurred out of grave and sudden provocation, as the
deceased had provoked the accused which led to the
commission ... only on the point as to whether there is grave
and sudden provocation which led the accused to commit the
offence under Section
fled away. It shows a sudden fight not
out of any act out of grave and sudden provocation but a sudden fight
within the exception
back; it is not under grave and sudden provocation; it is not
with intent to kill but for mere knowledge. Here, there is an intention
intention of causing the death of the deceased and that under
sudden provocation, he brought the knife and caused the
death of the deceased. However
case of the
accused that there was any grave and sudden provocation from the
deceased or that they were in a state of inebriation, whereby
case of the
accused that there was any grave and sudden provocation from the
deceased or that they were in a state of inebriation, whereby
seen whether there was grave and sudden
provocation for the accused to cause the death of the deceased and
this is a question of fact
never
intended to cause the death of the deceased and in sudden
provocation made by the deceased, the incident took place.
Hence, pleads that
