321. Qatl-bis-sabab.--Whoever, without any intention to cause death or, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit qatl-bis-sabab.
Illustration
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 from there falls in it and is killed. A has committed qatl-bis-sabab.
COMMENTARY
1. Scope. In a case of qatl-bis-sabab element of intention to cause death or harm to any person must be non-existing in relation to any unlawful act, which becomes a cause of death. PLJ 2001 Cr.C. (Quetta) 764= NLR 2001 Cr. 225 = 2001 PCr.LJ 548. Qatl-bis-sabab and Qatl shibh-i-amd. Distinction. PLD 1994 Lah. 442.
2. Further inquiry. Nothing was available to show that construction of wall was being raised under an approved plan, but it was a Katchi Abadi and accused being owners of the property were not expected to use poor material for their own construction. Only it was by chance that the lady was passing through the street and received injuries by falling of the wall under construction which resulted in her death. Deceased, before death had denied that any threats were given to her by the accused and according to her it was an afterthought on the part of complainant. Even otherwise no occasion existed for issuance of such threats and no proof was produced for the same. Absence of any motive or enmity, it appeared to be a case of further inquiry as contemplated under S. 497(2), Cr.P.C. Bail was granted to accused, in circumstances. 2004 PLR (Kar) 1080 = 2004 YLR (Kar.) 1111.
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