Pakistan Penal Code 1860 Section 316

316.  Punishment for qatl shibh-i-`amd.--Whoever commits qatl shibh-i-`amd shall be liable to diyat and may also be punished with imprisonment of either description for a term which may extend to [twenty five] years as ta'zir.

COMMENTARY

1. Defence plea sounding more plausible. Benefit should go to the accused. 1995 SCMR 479.

2. Qatl Shibh-i-Amd. Section 316 has no application where a free fight ensues without premeditation out of a sudden impulse. 2001 PCr.LJ 954. Evidence furnished by interested witnesses related to the victim or deceased cannot be discarded merely for the reason of relationship but its corroboration has to be sought from other evidence available on record. 2002 PCr.LJ 388.

Cause of death was neurogenic shock which was result of multiple injuries caused by appellants. Offence committed by appellants was thus murder in terms of S. 302(b) P.P.C. and not offence committed under S. 316 P.P.C. Impugned judgment of High Court was set aside while that of trial Court was restored. PLJ 2006 SC 701.

Plea of self-defence to be accepted or rejected as a whole. Offence not made out from evidence on record. If defence plea sounds more plausible the benefit should go to the accused. Delay of two days in lodging of FIR. Leave granted to consider the above noted contentions. 1994 SC PSC (Crl.) SC (Pak) 983.

3.  Opinion. Opinion of Medical Board showed that accused was suffering from cardiac disease. Accused could not be denied concession of bail because once a person was found to be sick and infirm then his case would be covered by second Proviso to S. 497, Cr.P.C. and it would not be open to the Court to quantify his sickness and infirmity. Accused was admitted to bail during pendency of appeal suspending his sentence. 2004 YLR (Lah) 1825.

Evidence by interested witnesses related to the victim or deceased cannot be discarded. 2006 PCr.LJ 662.

Cause of death was neurogenic shock which was result of multiple injuries caused by appellants. Offence committed was thus murder in terms of S. 302(b) P.P.C. and not under S. 316 PPC. PLJ 2006 SC 1072.