315. Qatl shibh-i-amd.--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.
Illustration
A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of nature is not likely to cause death. Z dies as a result of such hurt. A shall be guilty of qatl shibh-i-'amd.
COMMENTARY
Scope. In order to establish offence under Section 315 it was necessary to prove that accused was pregnant at the relevant time and that she did some act before the birth of the child, calculated to prevent the child from being born alive or to cause it to die after its birth and it was further necessary for the prosecution to establish that the said act of the accused was done with the said intention and not with good faith to save her own life. Prosecution produced no evidence to prove ingredient of Section 315 as such conviction could not be maintained. 1994 PSC FSC 832.
Non-production of most natural and independent witness of occurrence leads to the only presumption that he was not supporting the prosecution case. 1998 PCr.LJ 1384.
High Court while applying illustration appended to S. 315 P.P.C. ignored import and significance thereof while converting conviction and sentence awarded to appellants under Ss. 302 to 316 P.P.C.. Import and significance of illustration to a statutory provision explained and illustrated. PLJ 2006 SC 701.
Import and significance of illustration appended to S. 315 P.P.C. explained. PLJ 2006 SC 701.
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