Trace Your Case

ISSUE:

Whether the appellant could be entitled to the benefit of Exception 1 to section 300 of IPC?

Could the assault mitigate the murder that took place?

RULE:

To prove a case under exception 1 following ingredient should be satisfied:

The deceased gave provocation to the accused.

The provocation was grave.

The provocation was sudden

The accused, as a result of provocation, was deprived of self-control.

In continuance of the deprivation, he killed the deceased or any 3rd person by mistake or accident.

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