318. Qatl-i-khata.--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.
Illustrations
(a) A aims at a deer but misses the target and kills Z who is standing by. A is guilty of qatl-i-khata.
(b) A shoots at an object to be a boar but it turns out to be a human being. A is guilty of qatl-i-khata.
COMMENTARY
1. `Act'. `Act' depicts intention of doer, who is supposed to know possible consequences of his `act' but doer of a `rash and negligent act', shows his recklessness and indifference about its consequences.
2. Qatl-i-khata. 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 there 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 under S. 318, P.P.C. PLD 1996 SC 1 (p. 27) Accused not doing unlawful act but negligent in his duty. Such act falls u/S. 318, P.P.C. 1999 MLD 2271. Rifle had gone off accidently. No offence, case covered by S. 80, PPC. PLD 2000 Lah. 425.
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