Qatl-i-Amd has been defined in S. 300 Pakistan Penal Code. It provides that whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such a person, is said to commit qatl-i-amd.
To constitute of offence of Qatl-i-Amd it is not necessary that injury should be caused with intention to cause death. If somebody inflicts injury with the intention to cause bodily injury which in ordinary course of nature is likely to cause death or with the knowledge that his act has so imminently dangerous that it must result in death, it would be Qatl-i-Amd. Injuries caused on the vital part of the body such as, head, neck and pericardial region may result in causing death. Intention or knowledge to be gathered from the object with which injuries caused.
Punishment of Qatl-i-Amd:
A perusal of S. 302 P.P.C indicates that it provides three punishments under clauses (a), (b) and (c) thereof for a person who commits Qatl-i-Amd subject to the provisions of the chapter which contains the above section. Under cl. (a) the punishment provided is death as Qisas. However, this clause (a) is not applicable if clause (b) and (c) thereof are attracted. It may also be observed that cl. (b) envisages the sentence of death or imprisonment for life as Tazir having regards to the facts and circumstances of the case if proof in either of the form provided for in S. 302 P.P.C is not brought on record. Pre-requisites for Qisas punishment are that proof as provided in the section 304 i.e., either accused making confession before Trial Court or as production of evidence in terms of Art. 17 of Qanun-e-Shahadat Order.
Section 315 PPC deals with cases of qatl shibh-i-amd. It provides, “whoever, with intent to cause harm to the body or mind of any person causes the death of that or of any other person by means of a weapon or an act which in the ordinary course of nature is not likely to cause death is said to commit qatl shibh-i-amd”. As illustrated where A in order to cause hurt strikes B with a stick or stone which in the ordinary course of nature is likely to cause death, B dies as a result of such hurt, A shall be guilty of qatl shibh-i-amd.
Punishment for Qatl shibh-i-amd.
Whoever commits Qatl Shibhi-Amd shall be liable to Diyat and may also be punished with imprisonment of either description for a term which extends to 25 years as tazir.
Section 318 of the Code deals with offences of qatl-i-khata. It provides that whoever without any intention to cause the death of, or cause harm to a person, causes death of such person, either by mistake of act or by mistake of fact, is said to commit qatl-i-khata. As illustrated if A aims at a deer but misses the target and kills B who is standing by he is guilty of qatl-i-khata.
Provision of s. 318 would be attracted in case of deliberate act on the part of such act was different from that intended by the accused person.
The scope of qatl-i-khata is limited to causing death of a person either by mistake of act or by mistake of fact which could be termed as murder by mistake without their being any intention of committing murder at all—plea of grave and sudden provocation on the ground of abusive language does not bring the case of accused within the four corners of qatl-i-khata as contemplated u/s 318, PPC.
Punishment of qatl-i-khata
Section 319, PPC provides punishment for qatl-i-khata as diyat. According to proviso where qatl-i-khata is committed by any rash or negligent act, other than rash or negligent driving, the offender may, in addition to diyat, also be punished with imprisonment of either description for a term which may extend to five years as tazir.
Punishment for qatl-i-khata by rash or negligent driving.
Whoever commits qatl-i-khata by rash or negligent driving shall, having regard to the facts and circumstances of the case, in addition of diyat, be punished with imprisonment of either description for a term which may extend to ten years.
In order to determine whether the driving was rash and negligent, attending circumstances have to be looked into. Speed can very easily be determined by the fact that vehicle went out of control hitting an ox which died at the spot and thereafter collided with a tree with such velocity that a person sitting in the coach died immediately, and a number of passengers were injured.
Section 321 defines Qatl-bis-Sahab to be causing of death without any intention or causing harm to any person by doing an unlawful act which becomes a cause of the death of another person. Mens rea is not an ingredient of but the most important ingredient is doing of any unlawful act which becomes a cause for death of another person.
It is an unintentional causing of death or harm to any person as illustrated, where A unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of, or harm to, any person. B while passing form there falls in it and is killed. A commits qatl-bis-sabab.
Punishment for Qatl-bis-Sabab.
Whoever commits shall be liable to diyat.