Multiple choice

Fact: On learning about his wife's extramarital affair with his best friend. A went marital affair with his best friend. A went into a state of shock. He did not have food that afternoon and did neither talk to any one nor watched his favorite day time TV serial. Shortly after forenoon, A was seen on his friends flat, where he is alleged to have shot him dead without uttering a single world. A is prosecuted for the murder of B. Give argument in A's defence. Issue: Whether the accused is guilty of murder?

  1. The case is clear cut category of grave and sudden provocation. The accused cannot be guilty of murder.

  2. The accused can be held guilty of culpable homicide. Because the provocation was grave but not sudden and the action was deliberate and premeditated.

  3. The case is not covered under any provision of murder or culpable homicide.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

For Exception 1 to Section 300, provocation must be both grave AND sudden, and the reaction must be proportionate. While learning about a wife's affair is grave provocation, A had time to calm down - he skipped meals and avoided people before going to his friend's flat. The killing was deliberate, not in the heat of the moment. A traveled to the friend's location and shot him without words, showing premeditation. This is culpable homicide not amounting to murder, not covered by the provocation exception.

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