Law: Penal Code (XLV of 1860)

Section: 304

  Penal Code (XL v of 1860) S. 304, Part I-Murder Sentence-Grave and sudden provocation-Accused seeing his wife, a mother of five, in compromising position with another person while he never earlier suspected his wife of infidelity feeling extremely shocked, taking up a toka lying handy at place of occurrence and killing, her-Contention that accused deserved heavy punishment for acting in a. very cruel manner, inasmuch as he inflicted 9 injuries on vital parts of deceased, like head, face and neck-Element of cruelty to a near and dear one, held, may show that culprit's conduct was absolutely beyond his control-Accused, held, suffered from extreme provocation and thus not in position to make any sound judgment or to control provocation-Sentence of 7 years' R. I. reduced to that of 3 years' R. I. in circumstances. The sentence in such a matter ranges from a ridiculously short sentence of 'till the rising of the Court' to a sentence on the higher side of seven years' R. I. The circumstances in each case differ: Therefore, no hard and fast rule can be laid down in the matter of sentence in a case where the plea is of grave and sudden provocation. The caste and tribe, the background of the family, the area to which the family belongs the latent cause of the killing, the immediate cause giving grave and sudden provocation, the weapon used, the number and nature of injuries caused, the age of the accused, the relationship of the accused with the woman, the general circumstances appearing at the time of occurrence including also whether it is a day light or night time occurrence, and the plea of the accused at the trial, are some of the factors to be considered for awarding sentence in a case. -The question to be considered in each case in given circumstances is whether the cruel act is as a result of a grave and sudden provocation or is the result of cool and deliberate thought process. If it is the direct result of the former then instead of being of any disadvantage to the culprit, this circumstance may in a given case benefit him because the element of cruelty, to a near and dear one, may show that his (culprit's) conduct was…