A attempts to pull Z’s nose, Z in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. State with reasons what offence if any has been committed

Question: A attempts to pull Z’s nose, Z in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. State with reasons what offence if any has been committed [U.P.C.J. 2015]

Find the answer to the mains question only on Legal Bites. [A attempts to pull Z’s nose, Z in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. State with reasons what offence if any has been committed.]

Answer

Exception 1 to section 300 which provides for one of the circumstances when culpable homicide is not murder, states-

Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

Explanation- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

The present facts are borrowed from the illustration (e) appended to this explanation 1 to section 300. In this case, when A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence.

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