File 959/1914 Pt 2 'Abyssinia: Order in Council. Recovery of maintenance charges of prisoners convicted in Abyssinia and confined in Aden District Prison.' [‎347r] (619/878)

Provocation, as defined by the law, must be "grave and sudden
He (the oonsul-tTeneral) dia not think that by "sudden", the
law meant that the provocation must be immediately antecedent
to its consequences. A man might brood on provocation, and
give way to it after making an effort to control himself,
The nature of the provocation, if any, was a question of
fact on which he would De glad to have the assessors 1 opinion
li«as it sufficient to deprive the accused of his power of self
control? In determining that question it was admissible
to take into account the condition of mind in which the offen
der was when provocation was given. This could only be a
matter of conjecture. He himself says that he "felt a sort
of sensation in him" which impelled him to the deed. The
accused^ belief that he had been bewitched, even if genuine,
could be no excuse for his action, but it was evidence of
his state of mind which could be taken into consideration.
Again the accused 1 s conduct after the deed should be noted.
It could not be regarded as the conduct of a deliberate or
conscious criminal. It was a matterfer consideration
v/hether, in view of all the facts and presumptions, the
accused 1 s offence should be regarded as falling short of
that with which he was charged.
After deliberation, the Court found the accused guilty
of culpable homicide not amounting to murder, that is an
offence punishable under section 304 of the Indian penal
Code. The Court sentenced the accused to rigorous
imprisonment for six years.
The assessors concurred in the verdict and sentence.