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BICHI v. STATE - CRA Nos. 90 of 1986 [1992] INORHC 545 (29 June 1992)

1. INDIAN PENAL CODE, 1860 - Section 300 - Murder - Grave and sudden provocation - Meaning of - Ingredient to be satisfied under exceptions are of six types :-

i) there must be provocation to the accused, ii) the provocation must be grave, iii) the provocation must also be sudden, iv) the provocation must have deprived the accused of his power of self control, v) the offence must have been committed during loss of self control; and vi) the person killed must have been the person giving provocation or another by mistake or accident;

Decision referred to :

1. [1961] INSC 328; A.I.R. 1962 SC 605 : K.M.Nanavati vs. State of Maharastra.

2. CODE OF CRIMINAL PROCEDURE, 1973 - Section 374 - Appeal against conviction - Sessions Judge convicting appellant for brutal murder of his mother with a tangi - On reasonable assessment of evidence the court convicted accused for committing offence of murder punishable U/s.302 I.P.C. for life imprisonment - Situation as made above clearly rules out the applicability of exceptions under Section 300 I.P.C. - Grave and sudden provocation which deprived the accused of his self-control not applicable to the case - Prosecution proved the case beyond all reasonable doubt - No perversity in findings - Interference by High Court unwarranted.

Decision relied on :

1. [1961] INSC 328; A.I.R. 1962 SC 605 : K.M.Nanavati vs. State of Maharastra.

Appeal - dismissed.