assaulted her with club in a heat of
passion due to sudden provocation, without any pre-meditation.
Since the State Government has not filed ... meditation or deliberation, but it is only due to
sudden provocation or heat of passion.
28. Insofar as the punishment imposed under Section 498A
having three
children. The incident happened due to sudden
provocation and himself shifted the deceased to the
9
Hospital. Therefore, it is not a case
that there was no premeditation and
the incident occurred in a sudden provocation. In the
circumstances, the impugned judgment convicting the
accused for the offence
that the unfortunate incident that has occurred
on 16.5.2013 due to sudden provocation and not with
an intention to kill the deceased at the hands ... that there was no premeditation and the
incident occurred in a sudden provocation. In the
circumstances, the impugned judgment convicting the
accused for the offence
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 ... accused persons must
show that there was provocation and such provocation
was grave and sudden. Simultaneously, in order to
bring the case under the said
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 defence.
Explanation. - Whether the provocation was grave and
sudden
adduced to show that the accused
due to grave and sudden provocation was
deprived of self control and he, therefore,
attacked the victim and killed
respect to
the death of the deceased Radha is due to sudden provocation. Previously,
A-1 and A-2 are not having any motive ... cordial, otherwise. Manifestly, the
incident took place due to sudden provocation and
in a heat of passion the appellant had struck a blow
offender is deprived of power of self control by grave
and sudden provocation. The second is if it is done in exercise
in good faith ... person. The fourth is if it is committed
without pre medication in sudden fight in fit of passion upon
sudden quarrel and last is when
born to his mother through illegal relationship. This
sudden provocation has forced him to attack Radha in a fit of anger and that there ... deceased was a
stranger;
(viii) whether there was any grave and sudden provocation, and if so, the
cause for such provocation;
(ix) whether
