Short Note : The point for decision is whether the appellant acted under grave and sudden provocation thus attracting exception I to section 300 of the IPC. The extra judicial confession made by the appellant to some of the prosecution witnesses shows that he saw the deceased in suspicious circumstances with his wife and, therefore, he killed him. His wife Mst. Booti (P W. 1) in her case diary statement Ex D-1 admitted that the deceased used to visit her and she loved him. and that he was having sexual intercourse with her since the month of Ashadh. She also stated in Ex. D-1 that on the relevant day, the deceased was committing sexual intercourse with her and at that time her husband suddenly entered her house. Seeing his wife in a compromising position with her paramour, the appellant must have lost self-control and must have been gravely and suddenly provoked. In these circumstances, Exception I to section 300 IPC is clearly attracted and, this is further confirmed by the extra-judicial confession made by the appellant to Some of the prosecution witnesses. In the circumstances, the act of the appellant will not come under section 302 but will fall under section 304 Part I, IPC. Appeal partly allowed.