grave and sudden provocation
Verma d. Ashish
(Querist) 17 August 2008
This query is : Resolved
how important is the word "sudden" in the grave and sudden provocation..what can we do in case if the accused went off to bring his rifle on being provocked and shoots the deceased twice who died due to excessive bleeding in his way to the hospital.the first shot was made with a close range on the right knee and the second on the bicep's of the left arm..and accused left the field..the acuused was the professsional night guard in the bank..please guide if there is any scope to prove that the accused lost his self-control and took the step.its a case of appeal in the high court against the conviction passed by trial and sessions judge under sec 302 of the indian penel code.
Srinivas.B.S.S.T
(Expert) 17 August 2008
what are the incidents led him to fire the shots. You have to give those details so that a conclusion can be arrived at.
K.C.Suresh
(Expert) 18 August 2008
Dear Ashish,
You may go through Munshi Ram and Ors. v. Delhi Administration, State of Gujarat v. Bai Fatima, State of U.P. v. Mohd. Musheer Khan and Mohinder Pal Jolly v. State of Punjab.
The manner in which the deceased died is not meterial. The reason for bringing the rifle to the scene of occurence is meterial. Why he shot two rounds? A close range shot may perhaps help you on facts as the bothe the aprties are at a dangerous distance. The knee aimed shot may also give you a good case as the intention was not to finish the (aggressor??)The accused as proffeessional guard of a financial institution he has to protect the institution. So the question is wherther he is put the shots as part of the discharge of his official duty. If so there are several merits hidden in your case which has to be discussed with a se=noior lawyer in your locality. Or you send an email stating all the facts to me in secquence of events and eveidence now against the acuused. suresh_kc@sify.com
