Law:

Section:

(a) Penal Code (XLV of 1860)- -- S. 300, Exception IV read with S. 302/149-Principle of common intention, application of-Murder-Sudden fight-Trouble starting on fight between two young boys resulting in injuries to both but soon flaring up in a sudden fight among their elders-Held: Difficult in circumstances to determine which side was aggressor and whether one or other party took undue advantage over its adversary-Case of accused, held further, covered by Exception IV to S. 3C0, P. P. C. and each accused liable for his own act.-[Common intention]. Maqsood Hussain v. State 1976 P Cr. L J 1354; Muhammad v. Ghaus 1972 S C M R 264; Lal Khan and another v. State 1976 P Cr. L J 1437; Muhammad Khan v. Dost Muhammad P L D 1975 S C 607; Muhammad Ibrahim v. State 1979 P Cr. L J 275; Mammora v. State 1980 P Cr. L J 463; Nazar Hussain v. State 1973 P Cr. L J 924; Fateh Muhammad v. State 1977 P Cr. L J 706 and Muhammad Arshad v. :State 1979 P Cr. L J 51 ref. (b) Penal Code (XLV of 1860)- - S. 300, Exception IV read with Ss. 302 & 304, Part I-Sudden fight­ Murder--Conviction, alteration of-Trouble starting on street fight between two young boys but flaring up in a sudden fight between their elders-Accused responsible for causing death of three persons by individually firing and causing hatchet blows-Conviction of each one of accused under S. 302/149, P. P. C. altered to one under S. 304, Part I, P. P. C. in circumstances. LINK1 LINK2 LINK3 (c) Criminal Procedure Code (V of 1898)- -- S. 410 read with Penal Code (XLV of 1860), S. 302/149/148­Benefit of doubt-Appeal (criminal)-Trouble starting on street fight between two young boys giving rise to a sudden fight between their elders-Accused empty-handed and attributed a lalkara only-Accused given benefit of doubt. and acquitted, in circumstances.-[Benefit of doubt]. (d) Criminal Procedure Code (V of 1898)- - - S. 410 read with Penal Code (XLV of 1860), Ss. 302/307/149/ 148 & 324-Appeal (criminal)-Occurrence an unpremeditated sudden fight-Accused causing only a simple fire-arm injury to P. Ws. but attributed no injury to deceased-Conviction of accused under S. 302/307/149/148, P. P. C. set aside and instead recorded under S.…

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