The Court, however, noted that Sandeep had attacked several hospital officials before stabbing Dr. Das to death.
Grave and sudden provocation cannot be argued when the mental state seemingly continued for a long time, the Court said.
“Long-lasting provocation, either mild or grave, could not be construed as sudden provocation. Long lasting provocation carries an element of special mens rea or the very intention to commit the crime. Here the accused started to attack everybody repeatedly after taking the scissors kept at the procedure room and keeping the same hidden, though many of them saved from fatality, ultimately, Dr.Vandana succumbed to the injuries allegedly caused by the accused. In such a case, at the stage of framing charge, no court would find that the accused done the overt acts due to grave and sudden provocation so as to consider the case as one in lesser form of murder, that is, culpable homicide not amounting to murder,” the Court said.
Source: Barandbench
