Note – See section 38. Illustrations – (a) (“A”), under the influence of passion excited by grave and sudden provocation given by (“Z”), intentionally kills (“Y”) (“Z’s”) child. This is murder, in as much as the provocation was not given by the child. (b) (“Y”) gives grave and sudden provocation to (“A”). (“A”) on this provocation fires at (“Y”), neither intending nor knowing himself to be likely to kill (“Z”), who is near him but out of sight. (“A”) kills (“Z”). Here (“A”) has not committed murder but culpable homicide not amounting to murder, (see section 250). (c) (“Z”) gives grave and sudden provocation to (“B”) who is thereby excited to violent rage. (“A”), a bystander meaning to make advantage of (“B’s”) rage and to cause him to kill (“Z”), puts a knife into (“B’s”) hand for that purpose. (“B”) kills (“Z”) with the knife. Here (“B”) has committed culpable homicide not amounting to murder but (“A”) is guilty of murder. (2) Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense of person or property exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation and without any intention of doing more harm than is necessary for the purpose of such defense. (3) Culpable homicide is not murder if the offender, being a public servant acting for the advancement of justice or being a person aiding a public servant so acting, exceeds the powers given to him by law and causes death by doing an act which he in good faith believe to be lawful and necessary for the due discharge of his duty as such public servant or for assisting such public servant in the due discharge of such duty and without ill will towards the person whose death is caused. (4) Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner. Explanation:- It is immaterial in such case which party first provokes the other or commits the first assault. 70