Part 2 of the IPC as the appellant under
the sudden provocation and doubt over the character of his
wife gave a single blow ... deceased participated in the sudden fight;
(g) Whether there was any previous enmity;
(h) Whether there was any sudden provocation.
(i) Whether the attack
incident might have
been held due to sudden provocation.
7. On the other hand, Shri Vivek Patwa, learned Govt.
Advocate appearing for the respondent/State ... wife.
Therefore, at the most, it can be a case of sudden provocation
and out of which, the accused has fired gunshot towards her
husband
incident also he was drunk and they
fought, because of the sudden provocation she gave blows on the
head of the deceased ... appellant and the unfortunate incident took
place due to sudden provocation as the deceased was drunk and
fighting with the appellant, therefore, in our considered
incident,
if any, took place was in heat of passion and sudden provocation by the
deceased. The appellant is in jail since last more than ... incident took place in a heat of passion due to sudden provocation. The
younger of the appellant threw the stone to hit his mother
from his wife which she lend
her brother, because of the sudden provocation he gave blows to the deceased
and due to which she died ... appellant and the unfortunate
incident took place due to sudden provocation, therefore, in our considered
opinion the act of the appellant falls under the purview
Shri
Sharma submits that the offence was committed because of a sudden
provocation and heat of passion. The deceased himself lodged an FIR
disclosing that ... deceased participated in the sudden fight;
(g) Whether there was any previous enmity;
- : 5 :-
(h) Whether there was any sudden provocation.
(i) Whether the attack
said to be on
account of sudden fight without pre-meditation, in heat of
passion and upon a sudden quarrel, Conviction of the appellant
cannot ... infer the reasonable possibility of a grave and
sudden provocation. The assault on the
deceased, in absence of intention to cause
death could
case where the crime has been committed out of the sudden
provocation or heat of passion. The deceased was sitting in front
of his house ... recorded under section 161 of Cr.P.C. stated that all of sudden, the
appellants have started assaulting his hands and legs. The Apex
Court
this exception four requirements must be
satisfied, namely, (i) it was a sudden fight; (ii) there was no
premeditation; (iii) the act was done ... deceased participated in the sudden fight;
(g) Whether there was any previous enmity;
(h) Whether there was any sudden provocation.
(i) Whether the attack
this exception four requirements must
be satisfied, namely, (i) it was a sudden fight; (ii)
there was no premeditation; (iii) the act was done ... deceased participated in the sudden fight;
(g) Whether there was any previous enmity;
(h) Whether there was any sudden provocation.
(i) Whether the attack
