caused while deprived of power
of self-control under grave and sudden provocation, while exercising in good faith
the right of private defence of person
were
having weapons in their hands and there cannot be any sudden
provocation. He has further submitted that the applicant is a
lady accused
entire episode in the form of offence is on account of sudden
provocation and there is no intention nor any motive to commit
any crime ... criminal antecedents and the
dispute has arisen on account of sudden provocation and as
such, insofar as the present applicant is concerned, there
kill
the deceased because the fight occurred due to sudden provocation
between them.
4. On the other hand, the learned Additional Public Prosecutor
appearing ... kill the deceased because the fight occurred due to sudden quarrel when
the alleged incident taken place between the applicant and the deceased;
This Court
made in the FIR, it is not a case where the sudden provocation has
resulted in the incident.
4. Learned advocate Mr. Alak Pandya appearing
13403/2020 ORDER
incident happened suddenly and under the influence of grave and
sudden provocation in which single blow appears to have been given
with
incident in question appears to have been occurred under the grave
sudden and provocation as the deceased firstly assaulted Co-accused-
Bharatbhai due to which
ORDER
record that the present applicants have acted under the sudden grave
and provocation, due to which the alleged incident occurred and the
applicants have
harassing the present applicant, therefore,
due to sudden grave and provocation, the alleged incident occurred; (iii)
the applicant is a lady accused
used in the incident; (iv) the
incident occurred under the sudden grave and provocation which is not
premeditated; (iv) the applicant is in jail