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
deceased must have given
provocation to the accused; (b) the
provocation must be grave; (c) the
provocation must be sudden; (d) the offender ... provocation
deemed sufficient by itself to trigger the
punitive action. Last provocation has to be
considered in light of the previous provocative
acts or words
another son
also and property cannot be divided. Thereby, due to sudden
provocation, the accused abused the deceased in filthy
language and assaulted the deceased ... present incident of quarrel and the
incident has happened due to sudden provocation. She would
further contend that in the absence of any motive
deceased must have
given provocation to the accused; (b) the
provocation must be grave; (c) the
provocation must be sudden;
(d) the offender ... provocation deemed
sufficient by itself to trigger the punitive
action. Last provocation has to be considered
in light of the previous provocative acts or
words
glasses of the accused.
Therefore, the unfortunate incident occurred due to sudden
provocation without any premeditation. It is further contended
that the trial Court framed ... glasses of the house and
the main door. Thereby, in a sudden provocation, without there
being any determination, the unfortunate incident occurred.
24. Our view
spur of the moment, committed
the murder of the deceased under sudden provocation and
not by intention. Thereby, it is not the extreme case ... 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
deceased, to drink alcohol. When
she refused to give money, under sudden provocation assaulted
her with M.O.1 and thereby, it is a clear ... 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
further submitted that
due to old vengeance and in sudden provocation, the
incident has happened and there is no intention to
eliminate the deceased ... material on record clearly
depicts that out of sudden provocation, Accused Nos.1
- 36 -
CRL.A No. 694 of 2020
and 3 assaulted the deceased
eating the ragi
stock in her land, thereby, it was a sudden provocation for
the accused to pour kerosene due to the verbal altercation
between ... accused lost the power of
self control and by grave and sudden provocation,
committed the offence. Thereby, the case clearly falls
- 29 -
under Exception
provoked, poured kerosene
and lit the fire. It was due to sudden provocation which
made the accused No.1 to lost his self control.
Unfortunate ... 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
