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
homicidal death of the deceased is due to the
sudden provocation and there is no premeditation
and it happened on the spur of moment when ... effect that murder on
sudden provocation falls under Exception I to
Section 300 of the IPC and thereby, the Hon'ble
Supreme Court proceeded
under Section
302 IPC, inasmuch as, he committed the offence under sudden provocation and therefore, at
best appellant Zaffar could have been convicted under Section ... learned counsel for the appellant that the
appellants acted under sudden provocation and as such they could be held liable only for an
offence
taken, in as much as, accused had acted under grave
and sudden provocation. We have no hesitation in
13
rejecting this contention as, from ... completely absurd to
contend that there was grave and sudden provocation
from the side of the deceased especially when, while she
was rejecting the proposal
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
presence of P.W.13-Munivenkatappa and on the
sudden provocation, he has scolded P.W.13 stating that
he can do whatever he want ... killed the second child. As
stated supra, it was a sudden provocation for the
accused No.1 as he suspected his wife after pregnancy
other,
the accused grew wild on seeing them together, in sudden and
grave provocation, he caused those injuries with no intention to
kill them. Therefore ... premeditation and came with a
weapon, but suddenly in spur of moment, in grave and sudden
provocation, suspected and caused injury with
bats, but
suddenly caused injury on the body of Addasari Karuvulu which
resulted in death. When death caused in grave and sudden
provocation, the court ... deceased participated in the sudden fight;
g) Whether there was any previous enmity;
h) Whether there was any sudden provocation;
i) Whether the attack
