Law: Penal Code (XLV of 1860)

Section: 302, 300, 34, 149

Penal Code (XLV of 1860) S. 302 read with Ss. 300, Exception Iv & 34/149-Murder- "Sudden fight" and "free fight"-Meaning and difference-Evidence not showing that parties, after pre-concert, came to spot with primary intention or motive to measure their strength and in course thereof inflicted injuries on each other-Fact that members of both accused party and complainant party sustained pellet injuries showing that their intention was not to kill each other-Held, case not one of free fight but one of sudden fight in heat of passion upon a sudden quarrel.-[Words and purchases [Evidence]. There is a world of difference between a sudden fight and a free fight, in the context in which these two terms are used in cases relating to homicide. Sudden fight is that which generally arises out of a chance encounter, squabble, verbal dual, quarrel, where passions having been ignited, the slightest blow or provocation results into a fight and the opposing parties assault and injure each other, with or without weapons causing the death of one or more, on either side. The basic feature of a sudden fight is the initial absence of premeditation to cause death or injuries due to - the absence of time for reflection. Where culpable homicide results in such a sudden fight and the offender is not guilty of premeditation or having taken undue advantage or having acted in a cruel or unusual manner, the case is covered by Exception IV to sec tion 300 of the Pakistan Penal Code and the culpable homicide is not murder. The term `sudden fight', as used in cases relating to homicide is not applies to such sudden fights covered by Exception IV to section 300 of the Pakistan Penal Code. However, a free fight, as that expression is generally understood in homicide cases, in one where two opposing parties, with preparation and design to meet force with force or to fight, go out to meet force with force or to fight and a pitched battle results. A number of variable situations arise in such cases. If the intention of both the sides in a free fight is not to commit murder but to assert or defend their respective real or supposed rights or claims, reasonably believing…