[OLD SEC. 304(1), PPC]
Single knife blow given in heat of passion on sudden quarrel and abuse of deceased. Injury on left abdomen. Held, offence under section 304(II). Sentence 7 years' R.I. 1975 P.Cr.LJ 203 Bashir Ahmed.
Single shot fired by appellant in a sudden fight, without premeditation before deceased could inflict spear blow to his, conviction u/S. 302, PPC altered to 304(1), PPC. Sentence of life imprisonment reduced to 8 years' R.I. PLJ 1987 Cr.C. (Lah.) 457, Bashir Ahmed.
Sudden and without premeditation occurrence when offence u/S. 302 PPC alleged to have been committed; the sentence was reduced to life imprisonment altering conviction to u/S. 304(1) PPC. Supreme Court reduced the sentence to already undergone (about 8 years). 1994 SCMR 1212, Hassan Muhammad.
In a case of sudden flare-up and without premeditation, held, sec. 149 PPC was not attracted to the facts of the case or at least its application was not free from doubt. Sentences of the petitioners were modified according to their own individual acts. 1994 SCMR 1327, Manzoor Hussain etc.
Single hatchet blow on head in a sudden quarrel, causing death, held, offence u/S. 304(2), PPC. Sentence 10 years' R.I. reduced to 4« years, already undergone. PLJ 1985 Cr. C. (Kar.) 214. Abdullah.
Single blow on head with stick causing death, no enmity, no premeditation; death sentenced reduced to 10 years' R.I. u/S. 304 (1), PPC. (DB) PLJ 1991 Cr.C. (Lah.) 55 Taj etc.
Sudden fight each individual is responsible for his own act. PLJ 1982 S 471 Pervez v. Khan Bahadar.
Sudden fight. Benefit u/S. 300 PPC exception 4 cannot be denied because the action was intentional. Sentence reduced to 19 years' R.I. and fine of Rs. 75,000/- to be paid to the heirs of the deceased. Benefit u/S. 382-B also allowed. PLD 1993 S.C. 35, Allah Dawaya.
Sudden fight accused and deceased both injured. Conviction u/S. 302 PPC altered to u/S. 304(1) PPC as there was no pre-planning or unusual of cruel act by the accused. Sentence of 10 years' R.I. and fine awarded. 1993 SCMR 904, Irshad Muhammad.
Each individual is responsible for his own act in a sudden fight. Section 148/149 will not be attracted. (DB) NLR 1984 Cr. 321 Naseer Ahmed etc.
In a sudden fight question of furtherance of common intention does not arise. Although the appellants had chhuris in their dubbs not openly displaying at the occurrence and causing no serious injuries to the other party. Held, appellants not liable under section 34, PPC PLJ 1983 SC 104 Misbah-ud-Din etc.
Both parties receiving injuries in a sudden fight. PWs suppressing fact of free fight. Held, case fell under section 304(1), (DB) 1975 P.Cr. LJ 1063 ati etc. 1975 P. Cr.LJ 1118. Chiragh.
Single knife injury given after verbal quarrel and sudden grappling. Proving fatal. Sentence 10 years' R.I. under section 304(1). (DB) 1975 P. Cr. LJ 592 (Lah.) Taj Muhammad etc.
Single injury with skewer in stomach. Skewer for breaking ice thrust in abdomen in sudden quarrel causing death. Held, offence under section 301(1). Sentenced to 10 years' R.I. (DB) AIR 1935 Lah. 149. Abdul Majid v. Crown.
Mere use of knife against an unarmed deceased would not per se show that the accused took undue advantage or acted in cruel or unusual manner when the deceased was a young hefty man of 26 and accused only a lean boy of 18 in a sudden fight grappling with each other, held, case fell under section 302(1), PLJ 1977 Kar. 497. Abdul Naeem v. Abdul Shakoor.
Single knife blow in abdomen in a sudden fight causing death. Held, offence u/S. 304(1). 7 years' R.I. awarded. (DB) PLJ 1985 Cr.C. (Pesh.) 428. Zafar Iqbal.
Single injury. Accused without taking undue advantage striking one blow to deceased with knife and fleeing away. Case falling under section 300. Exception IV. Blow struck in abdomen in sudden fight. Section 304, Part 1 applicable. Sentence enhanced from 2 years to 7 years. (SC) 1969 SCMR 653. Muhammad Saleem 1969 P.Cr.LJ 1291.
Unpremeditated act. Appellant's act unpremeditated section 304(1) and not 302, held, attracted to the facts of the case. (DB) PLD 1975 Lah. 672. Ismail etc.
Origin of fight undisclosed, whether the accused were the aggressors. Sudden fight. Offence under section 304(1). Sentence 8 years' R.I. and fine. 1975 P.Cr.LJ 519. Muhammad Iqbal.
Appellant and deceased meeting accidentally. Appellant being aggrieved of beating given to him by the deceased a day before, challenged him and fight ensued. Appellant not equally matched and on receiving injury from the deceased giving him two chhuri blows one simple and the other fatal. Conviction altered from section 302 or 304(1), PPC and sentence reduced to 10 years. 1975 P.Cr.LJ 619 Maqsood.
Quarrel and fight when accused was asked not to pass in front of the house of deceased and complainant, in the public lane, because of suspicion of illicit relations. One knife blow inflicted. Offence under section 302(1). Sentence of transportation for life reduced to 7 years' R.I. (DB) 1973 P.Cr. LJ 32. Muhammad Yousaf.
Abuses and grappling. M and B two friends fell out with each other after being separated by friends. B threatened M not to visit the bazar any more. Despite the threat M visited the bazar on the same evening and exchanged abuses. They grappled with each other M stabbed B with knife. B died on the spot. Held, case fell under section 304(1). Sentence of 5 years maintained. (SC) 1971 SCMR 476 Masoom Beg v. Muhammad Munir.
One hatchet blow given by accused to uncle of brother's wife, who armed with a dang did not allow the wife to be taken away by the husband. Injury fatal. Held: Offence under section 304(1). Life imprisonment reduced to 5 years' R.I. PLD 1974 Lah. 322 Ramzan.
Sudden fight on diversion of canal water, on complainant side one losing life and PWs injured, while 5 on accused side sustaining injuries. Fatal blow attributed to one accused only. Held, case covered by Exception IV to section 300 PPC. Conviction altered to section 334 (1), PPC. (DB) 1976 P.Cr.LJ 1430 Thiraj etc.
Sudden occurrence, no premeditation, dispute over turn of water, conviction altered from Sec. 302 to 304 (1)/325, PPC. Sentence reduced to 7 years' R.I.PLJ 1986 Cr.C. (Quetta) 293 Haji Hamal etc.
Fight on turn of irrigation water taking ugly turn. Appellant injured. Death sentence reduced to life imprisonment but fine enhanced from Rs. 3,000 to Rs. 15,000 1987 SCMR 1518 Mansha.
Sudden quarrel in heat of moment on exchange of abuses, held, case fell u/S. 304(1), PPC. NLR 1991 Cr. 318. Arshad.
Sudden fight over turn of water, bot parties sustained injuries. Who caused blows first immaterial. Held, case fell u/S. 302(1), PPC as covered by section 300, Exception 5. Life imprisonment reduced to sentence already undergone (more than 10 years), 1985 SCMR 1123 Anwar etc.
Defending possession of land and committing two murders. Held, no injury on appellants. Conviction u/S. 302/34, PPC maintained on two counts but death sentence reduced to life imprisonment with benefit u/S. 382-B, P.Cr.LJ 1987 SCMR 994 Jan Muhammad etc.
Injured accused, throwing deceased on the ground and strangulating him to death. Held, the accused exceeded the right and sentenced to 10 years' R.I. under section 304(1). (DB) 1976 P.Cr.LJ 621 Sultan etc.
Case under section 304(1). Father of accused called upon the accused to beat the deceased; on exchange of hot words and abuses. Accused injured the deceased with dagger on chest causing his death. Held, offence under section 304(1), PPC. (SC) 1973 SCMR 327. Rehmud Din.
Murder without premeditation and no previous enmity. Conviction altered from section 302 to 304 (1). Sentenced 5 years' R.I. (DB) 1972 P.Cr.LJ 486 Barkat. (DB) 1978 P.Cr.LJ 541 Sher Shah.
Sudden fight (Old PPC Sec. 302-II)
Sudden fight and free fight: distinction. In sudden fight there is no pre-planning and it is chance encounter where passions suddenly flare up. In free fight both the parties come prepared for a trial of strength. No question of self-defence arises. Each person is responsible for his own actions. (DB) PLJ 1980 Cr.C. (Lah.) 41 Mamma. PLD 1991 SC 158 Nusrat v. Zulfiqar.
Single knife injury on left side of belly caused after a sudden quarrel and exchange of abuses. Held, offence under section 302(2) and not 302 PPC. Sentence reduced from 10 years'. R.I. to 5 years' R.I. 1976 P.Cr.LJ 409 Muhammad Iqbal.
Single knife blow in abdomen. A charged with murder of B. A and B exchanged abusive language of ordinary type. A thrust a knife of ordinary size lying by his side which was used by him in course of his business, in the abdomen of B who was empty-handed, resulting in B's death. There was no previous enmity between A & B. Held, A's offence fell under section 304(2) and not under section 302. 8 years' R.I. upheld. (DB) 47 Cr.LJ. 234 Hanas Raj Singh 221 IC 675 = AIR 1946 Lah. 41.
Sudden fight no undue advantage taken, only solitary blow on the neck in struggle. Conviction altered from 302 to 304(1), PPC and death sentence reduced to 7 years' R.I. (DB) NLR 1987 Cr. 772 Muhammad Jamil.
Mere abuses do not come within the term of fight or quarrel as mentioned in exception IV of section 300, PPC. As it was only one-sided show and not a sudden fight, appeal was dismissed. 1990 SCMR 104 Muhammad Sharif.
Single Kassi blow. Accused losing temper at deceased's refusal to let him have water first, inflicting single kassi blow. Kassi was lying nearby. With no intention to kill the accused tried to run away. Conviction under section 302, altered to 304(II), PPC and sentence reduced to 10 years' R.I. 1975 P.Cr.LJ 1124 Amir Bakhsh.
Offence u/S. 304(II & not 302, PPC when solitary chhuri blow given on left chest on a sudden quarrel with no intention to kill and no previous enmity. Conviction altered from 302, PPC to 304 (II), PPC, 10 years' R.I. awarded. (DB) NLR 1988 Cr. 522 Abdul Rehman.
One stick blow each to the deceased by the appellants. Blows not repeated. No intention to kill. Conviction altered from 302 to 304(ii), PPC. (DB) NLR 1982 cr. 521 Fatta etc.
Pistol used in sudden fight, but he had not brought it to use it. Held, offence u/S. 304(1). Sentence 10 years' R.I. (DB) AIR 1926 Lah. 219 Karam. Singh etc.
Blow given in heat of the moment, with the knowledge, that such blow was likely to cause death but without any intention to murder. Held, offence fell u/S. 304(II). 1984 SCMR 104 Muhammad Akram v. Nawab etc.
Deceased unarmed. Benefit of Exception IV of section 300, PPC cannot be had when the deceased is unarmed and stands in a disadvantageous position in relation to the other party. (SC) PLD 1977 SC 14 Siraj-ud-Din v. Misbahul Islam PLJ 1977 SC 28.
Injury on head with pestle (ghotna). Husband on sudden quarrel picked up pestle and struck wife on head and face, fracturing head bones and killing her. Held, no intention to kill, offence under section 304(II). Sentence 10 years' R.I. (DB) 1972 P.Cr.LJ 149 Shami.
Sudden fight, no enmity, only one injury held, case fell u/S. 304 and not u/S. 302, PPC. Sentence reduced. (DB) 1980 P.Cr.LJ 1275 Hangle.
Who committed the aggression first or provoked becomes irrelevant in a sudden fight when all other conditions of exception 4 to Sec. 300 PPC were satisfied. 1992 SCMR 1224, Anwar Ali Shah.
Single blow on head with blunt weapon in sudden fight, no intention to kill. Offence under section 304(II). 5 years' R.I. reduced to already undergone i.e. 2 years. 1968 P.Cr.LJ 1836 Saeed. Also see: (DB) PLD 1978 Kar. 644. Ali Muhammad.
One knife blow, proving fatal given in heat of moment on exchange of abuses. Accused and deceased inter-related and not on inimical terms. Attack not premeditated. Accused 18 years' old. Sentence reduced to 7 years' R.I. under section 304(II). 1973 P.Cr.LJ 111 Riaz Beg.
Sudden quarrel over children's fight, no intention to kill, single blow proving fatal. Sentence 5 years R.I. u/S. 304(II). PPC 1979 P.Cr.LJ 51 Muhammad Arshad.
Single knife blow following verbal quarrel and abuses. Injury fatal. Offence under section 304(II). Sentence 7 years' R.I. AIR 1925 Lah. 148. Khan Mir v. Emperor.
Accused not seen committing offence. No right to arrest the accused. Accused stabbed a pursuer who died. Conviction u/S. 304 (II), and sentenced to 7 years' R.I. (DB) PLJ 1978 Cr.C.(Kar.) 367. Jumma Khan.
Only one grievous injury on non-vital part of body (upper leg.) Two other injuries simple, held, offence u/S. 304 (II), PPC. Sentence 10 years' R.I. (DB) PLD 1987 Lah. 237. Jahangir.
Single knife injury. Verbal quarrel, sudden grappling. One knife blow given proving fatal. Offence under section 304 (II). Sentence 4 years' R.I. (DB) PLD 1950 Lah. 171 Nasir-ud-Din Haider v. The Crown.