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?
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.