motive to kill the
deceased but he was overcome by sudden provocation to
assault the deceased. Lastly, the learned counsel
15
contended that even ... homicidal
death, then the accused had acted due to grave and
sudden provocation which did not amount to murder.
12. Learned counsel submits that even
lost the power of self control on account of grave and sudden provocation in a sudden fight upon a sudden quarrel, therefore his case would ... there must be provocation to the accused; (ii) the provocation must be grave; (iii) the provocation must also be sudden; (iv) the provocation must have
enraged the accused persons and out of such grave and sudden provocation and on
being deprived of their power of self control, the accused persons ... hold that the accused Sumi had acted under grave and sudden provocation meted
out by the deceased.
25. It has also come out from
provoked the accused
and due to such sudden provocation, he must have
lost his mental balance and inflicted not only
injuries to the deceased ... sudden
act of the accused committing such an act, in our
opinion, definitely the Court can draw an inference
that due to sudden provocation
power of control by the accused by
virtue of grave and sudden provocation. The grave and
sudden provocation must be given by the deceased ... death is caused of any other person by virtue
of the sudden provocation, by mistake or accident,
27
exception I may apply. Nothing is brought
passion or at the spur of the moment as there was
sudden provocation and aggression and there was no
previous deliberation or premeditation. Therefore ... kill his own son is not
proved and it was a sudden provocation and at the spur
of the movement, the incident has happened. Therefore
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
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 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
except
M.Os. 8 and 12 and it was due to sudden provocation
and heat of passion in view of provocation words
uttered ... homicidal death of the
deceased, but the incident occurred due to sudden
provocation and there was no intention to kill the
deceased. Therefore, the offence
