The Supreme Court ruled that not every sudden provocation reduces murder to culpable homicide.
The appellant struck the deceased with a cement brick after an altercation, While lower courts & High Court applied Exception 1 of Sec- 300 of IPC
The Bench disagreed with the opinion and stated that both suddenness and graveness are essential for provocation to apply.
They outlined three key factors: (a) Provocation Must Be Unexpected and Immediate. (b) Objective Test of a 'Reasonable Man' (c) Loss of Self-Control Must Be Evident
The SC applied Exception 4 (sudden fight without premeditation) to this case, noting the appellant acted impulsively without a weapon, resulting in a reduced sentence of time already served.
Supreme Court Order / 5 months ago
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