Law: Pakistan Penal Code (XLV of 1860)

Section: 302,323/34, 325/34 & 304/34 .& 323/34

Law: Constitution of Pakistan 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)------Ss.302/34 .& 323/34---Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to complainant to consider whether the penalty of death given to accused A and accused Z and the conviction of accused S by the Trial Court were not legally correct on the basis of the evidence on the record and leave was granted to the accused persons to consider whether their convictions and sentences were based on a proper appraisal of the evidence on the record.(b) Penal Code (XLV of 1860)------Ss.302/34, 323/34, 325/34 & 304, Part I--"Free fight" and "sudden fight"--�Difference---Where both the opposing groups had the opportunity to have recourse to the protection of the public authorities, but resorted to force, the members of both the groups were equally responsible for the total acts of their respective assemblies.--[Words and phrases].There is a world of a difference between a free fight and a sudden fight. Sudden fight is that which generally arises out of a chance encounter, squabble or quarrel, where passions having been ignited, the slightest blow or provocation results into a tight and both the parties assault or injure each other, with whatever weapons they have or can lay their hands on. The basic feature of a sudden fight is the initial absence of pre-meditation to cause death or injuries, due to the absence of time for reflection. The absence of common intention or common object is one of the distinguishing features of a sudden fight. However, a free fight is where two opposing parties after having made preparations to meet force with force go out to face each other, with full planning to have a pitched battle. The essential feature is that both the parties from the very start intend to and prepare themselves to fight, before going out to and actually having their pitched battle. The presence of common intention or common object is one of the distinguishing features of a free fight. Where both the opposing groups have the opportunity to have recourse to the protection of the public authorities, but resort to force, the members of both the groups are equally responsible for the total acts of their respective…