Law: Penal Code (XLV of 1860)

Section: 300, 304(1)

(a) Penal Code (XLV of 1860) S.300, Exception IV-Sudden fight--Parties admitting incident taking place and there being no previous enmity between them and plea of right of private defence not proved-Nothing on record to suggest parties armed themselves for attack on each other-Sudden fight arising out of a sudden quarrel with no primary intention or motive to measure their strength --- Conviction altered to that under S. 304 (I), P. P. C. in circumstances. Ahmad Sher v. Emperor A I R 1931 Lah. 513 ; Syed Ali Bepari v. Nibaran Mallah P L D 1962 S C 502 ; Dost Ali v. Province of West Pakistan P L D 1958 Kar. 549 ; State v. Kartar Singh A I R 1958 All. 90 ; Lakshman v. Lakshman A I R 1964 Mad. 418 and Muhammad Rafrq v. Government of Azad Jammu & Kashmir P L D 1975 Azad J & K 1 ref. (b) Penal Code (XLV of 1860) S. 300, Exception IV---Expression `sudden fight'-Sudden fight generally arises out of a chance encounter, squabble, verbal dual, or quarrel where passions having been ignited. slightest blow or provocation results into a fight and opposing parties assault and injure each other with or without weapons causing injuries to or death of one or more on either side-Basic feature of a sudden fight: initial absence of premeditation to cause death or injuries due to absence of time for reflection-Culpable homicide resulting in such a sudden, fight and offender not guilty of premeditation or of having taken undue advantage or having acted in a cruel or unusual manner, case, held, covered by Exception IV of S. 300, P. P. C. and one of culpable homicide not amounting to murder.-[Words and phrases --Culpable homicide not amounting to murder]. Dates of hearing : 6th, 13th, 14th and 17th February, 1979.                                                                                                                                    …