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प्रश्न
Principle: Killing is not murder if the offender, whilst deprived of the power of selfcontrol by intense and sudden provocation, causes the death of the person who gave the provocation.
Facts: 'A', a man found his girlfriend sleeping, in her own bedroom, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bedroom with a loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girlfriend who died on the spot.
विकल्प
'A' could have killed both 'B' and his girlfriend.
'A' did not kill his girlfriend under intense and sudden provocation.
'A' could have killed 'B' instead of his girl friend.
'A' killed his girlfriend under intense and sudden provocation.
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उत्तर
'A' did not kill his girlfriend under intense and sudden provocation.
Explanation:
According to section 300 IPC defines murder except hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death.
The reasonable conclusion is drawn in the present problem that A did not kill his girlfriend under the intense and sudden provocation. There was clear intention to kill her, waiting for a sufficient time of 15 days without waiting second, he shot her down. Hence there is no question even after sudden and grave provocation.
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