must be the person who gave the provocation.
(ii) The provocation must be both ‗grave' and ‗sudden'.
(iii) The provocation must deprive ... provocation to the accused.
(2) The provocation so given must have been grave.
(3) The provocation given by the deceased must have been sudden
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
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
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
inflict
injuries by six accused and case appears to be of sudden
provocation and under the heat of passion.
21. Other three accused persons namely ... sudden fight in the heat of passion
(exception -4 under Section 300 of IPC) or on the basis of
sudden provocation (exception -2 of Section
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
deceased and at the time
of incident, there was no sudden provocation. The appellants had
taken revenge and the trial Court has rightly held ... provocation to the accused.
(2) The provocation so given must have
been grave.
(3) The provocation given by the deceased
must have been sudden
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
crime. It was an act committed due to grave and
sudden provocation in the heat of passion at the spur of the moment ... provocation to the
accused,
CRL.A. 739/2017 Page 22 of 32
ii) The provocation must be grave,
iii) The provocation must be sudden
