M.F. Saldanha, J.—This Criminal Appeal involves a set of facts that are both unusual and unpalatable. It also involves an interesting facet of the law relating to provocation which we shall presently point out, which does not seem to have arisen before any of the Courts hereinbefore. The facts of the case are within a very narrow compass. The accused who was aged about 18 years at that time was a young man employed as a helper-cum- waiter in a small hotel by the name of "Shalini Darshan" situated in the suburbs of Bangalore. As is unfortunately the case, it was a small establishment employing a couple of youngsters and the deceased Nataraj who was aged about 60 years was the cook of the establishment. As is also customary, the youngsters who were employed there who included the accused, were young boys who had come from different places to try and earn their livelihood in the city and they were therefore not only receiving their food and salary but were also resident in the building. Space being at a premium, the staff members used to sleep wherever possible obviously huddled up close to each other and we are really concerned with the situation as it obtained on 21.2.1996 w