Pakistan Penal Code 1860 Section 319

319.  Punishment for qatl-i-khata.--Whoever commits qatl-i-khata shall be liable to diyat:

Provided that, where qatl-i-khata is committed by any rash or negligent act, other than as 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 ta'zir.

COMMENTARY

1. Diyat money. Payment in three instalments. Can be allowed. 2001 PCr.LJ 403.

2.  Application. Petitioner/complainant, by way of Crl. Misc. in High Court, called in question impugned order of ATC of granting pre-arrest bail to said respondents in the case and requiring other said respondents to furnish bail bonds. Validity. There was no complaint before the ATC. ATC had taken cognizance of the offence on the incomplete Challan submitted by the Police Officer concerned. It thus was one u/S. 190(1)(b), Cr.P.C. and not u/S. 204, Cr.P.C. Impugned view of ATC that it had acted u/S. 204, Cr.P.C. while issuing process to said respondents was fallacious or wrong. ATC had not only erred in confirming the interim pre-arrest bail granted to said respondents but also asking other said respondents to furnish bail bond and dismissing the complainant application for setting aside of said order. Impugned order set aside/Application accepted/case remanded. 2005 P.Cr.R. (Lah.) 641 (a).

Death has been caused by mistake on part of appellant. He is therefore, liable to be convicted under Section 319 PPC. Appellant has already undergone substantial period of imprisonment and when same is coupled with Diyat then conviction and sentence u/S. 319 PPC would be more favourable to complainant. Conviction of appellant under Section 302 (b) PPC is set-aside and he is convicted under Section 319 PPC for committing Qatl-i-Khata of deceased. He is accordingly sentenced to suffer five years R.I. PLJ 2002 Cr.C. (Lahore) 1198. It was not a pre-planned murder. Identification of accused in dark night was not possible. Presence of PWs. doubtful. Motive has been disbelieved. Defence version that one fire shot of gun hit both victim women has been corroborated by medical evidence. Defence  plea  seems  to  be  more  probable  and  correct.  Same  was  result of investigation which was not challenged. Witnesses are closely related inter-se. Keeping in view peculiar circumstances of case appellant sentenced four years u/S. 319 and four years u/S. 324. Both sentences shall run concurrently. PLJ 2002 Cr.C. (Lahore) 1109.