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 ... 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 cause ... 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
whilst deprived of the
power of self-control by grave and sudden
provocation, causes the death of the person who
gave the provocation or cause ... deprived
of the power of self control, by grave and sudden
provocation. In order to bring the case under the
said exception accused
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 ... accused
persons must show that there was provocation and
such provocation was both grave and sudden. There
must be simultaneous reaction and which deprived
whilst deprived of the
power of self-control by grave and sudden
provocation, causes the death of the person
who gave the provocation or cause ... 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
hearing the respective sides, held that due to grave and
sudden provocation, so as to say, the daughter did not respond to the
appellant when ... said to be an act
resulted due to either grave or sudden provocation to the appellant
by his 2 years old daughter Gauri. This
provoked and because of depriving of self
control, in a sudden provocation, he has assaulted the
deceased and he was not having any intention ... 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
whilst deprived of the power of
self-control by grave and sudden provocation,
causes the death of the person who gave the
provocation or cause ... 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
climax and the accused due to enragement
or due to sudden provocation or in heat of passion or
due to any other strong circumstance ... accused
20
and the deceased, due to enragement and due to
sudden provocation or in heat of passion the accused
poured kerosene on the deceased
counsel for the
appellant submitted that, the incident happened in a sudden
provocation and no offence under Section 307 IPC is made out.
I cannot ... accused is not
occurred due to any sudden provocation. The sudden
provocation is ruled out with the evidence of PW4, PW5 and
PW7. The accused
