provocation under Exception 1 to Section 300 , I.P.C., there is a
cardinal difference between provocation as defined under Exception I and
sustained provocation ... common is 'provocation.' What
Exception I contemplates is a grave and sudden provocation, whereas the
ingredient of sustained provocation is a series
provocation under Exception 1 to Section 300 I.P.C., there is a cardinal difference between provocation as defined under Exception 1 and sustained provocation ... common is 'Provocation'. What exception I contemplates is a grave and sudden provocation whereas the ingredient of sustained provocation is a series
materials to hold that the accused had acted out of sustained provocation. In
other words, according to the learned Senior counsel ... according to the learned senior counsel, the accused acted out of sustained
provocation. In order to substantiate the said contention, the learned senior
counsel would
counsel would submit that the accused would have acted due to sustained
provocation. Thus, according to him, his act would fall under exception ... sudden provocation or sustained provocation. The accused has not pleaded
that he acted either in grave and sudden provocation or sustained provocation.
For a moment
that the accused No.1 was carried away by
the sustained provocation that he was entertaining in
respect of the deceased in the background ... taken place
due to either "Provocation" or "Sustained Provocation" as
submitted by the learned Counsel for the appellant.
16. After carefully
appellant nextly contended that the
accused would have acted out of sustained provocation. But, unfortunately, we do
not find any material to accept the said ... contention that the accused had
sustained provocation and he acted on the same. Thus, this argument of the
learned counsel for the appellant deserves
Brijendra Kumar ? Golu vs State Of Jharkhand on 6 September, 2012
Author: D.N. Patel
said
Mookkammal sold the property to one Kamatchi @ Gandhi. The sustained
provocation caused by the deceased is the mitigating circumstance to alter the
case ... homicide, not amounting to murder caused by the accused due to sustained
provocation.
28. This Court on considering the legal position and interpretation of
Section
appellant would contend that the appellant
would have acted out of sustained provocation, and therefore, the offence said
to have been committed by the appellant ... argument of the
learned counsel that the appellant acted out of sustained provocation is only to
be rejected. We hold that
contention that the accused acted due to
sustained provocation and therefore, he is liable to be punished only under
Section ... accused acted either in grave and sudden
provocation or due to sustained provocation. Therefore, this argument of the
learned counsel is only liable
