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The existence of a quarrel, or the presumption of its existence, was resolved by the two
Prosecution witnesses, Elsadig and Mohamed Abubaker.
It was up to the bride, if she was not consenting, not to accompany the groom to a honeymoon
for enjoyment.
In reference to Article (131/2/w) “If the murderer killed during loss of self-control for a severe and
sudden provocation, the provocator or another mistaken person”, and contrary to the conclusion of
the court, we find that the issue of provocation to be purely a psychological matter, considering all
circumstances of the claim, including the Defendant’s state of mind. The Supreme Court contended
this principle in the matter of the Government of The Sudan vs. Mohamed Ibrahim Musa, Gazette
82 Page (68). Adding that, severe provocation is a psychological or mental state that only occurs to
him when affected by an act or a behavior of the victim. The defendant suddenly becomes
temporarily senseless and emotionless when the provocative act is severe and violent at the time.
The Supreme Court contended that in the matter of the Government of the Sudan vs. Salah Hassan
Mohamed Fageer, Gazette 71 Page (19). Since Provocation is a matter of facts, we go back to the
facts to determine what factor provoked the Defendant. Is it the marriage? Or the sex? It was proven
that the Defendant was entered in a marriage contract at the age of Fifteen (A minor), and that in the
beginning she refused in a clear and candid form, but the deceased had already covered her father
with money at the time, who became helpless and fearful about the Defendant, and insisted in
consummating the marriage. Three years later the wedding took place in the deceased’s house, then
proceeded to Al Muhandiseen’s apartment for the honeymoon. She rejected the deceased’s
advances towards her, and he complained to his relatives (Firstly the Plaintiff came with the two
Prosecution witnesses, Elsadig and Mohammed Abubaker) who talked to the Defendant and left.
She did not have susceptible response to the deceased, and they came for the second time. They
asked her to take a bath and go into the bedroom. Al-Sadeq then pushed her onto the bed whilst AlNour beat her. The deceased undressed and took her clothes off and copulated with her whilst the
three men watched. After they both came out, the second witness called and asked them to return to
the room. The copulation was repeated. Mohamed and Al-Sadeq spent the night with them in the
apartment and left the next morning. This is the fact about the sex according to the Defendants
sworn confession, Page (10-11-12) of the journal. As per the stabbing, it was not witnessed by
anyone, but her confession states that the first stab was in the back, and when he turned around she
stabbed him in the chest, then they wrestled, and he bit her, and she were injured (She was not
medically examined, but the Court recorded that as a comment.) When questioned by the Court,
Page (56) she stated that on the second time Elsadig and Mohamed Abubaker came to them in the
apartment, they told her to go into the room, and she refused, then Mohamed forcibly dragged her
in and hit her in the face, whilst he pulled her
Number: MA/ASJ/1188/2018
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Outfit, and they called upon the deceased, and told him to take off his cloths, and he did, and he
took off her clothes, and inserted his penis into her vagina. After the deceased was done, Alnour left,
and Mohamed and Elsadig stayed overnight and left in the morning. The deceased tried to come
close to her after they left, but she found a knife beneath the mattress. She stabbed him in the back,