Answer
Ans:
Meaning of Qati:
Qati means murder the intentional Killing of human being without legal justification or excuse and under circumstances insufficient to reduce to crime to manslaughter.
According to Mohammedan Law:
There are four main kinds of Qatl:
1. Qatl-i-Amd i.e. wilful murder which is defined in S. 300 and punishment is defined in Section 302 of Pakistan Penal Code.
2. Qati Shibhi-i-Amd i.e., homicide resembling murder which is defined in S 315 and punishable under S. 316 of P.P.C.
3. Qatl—i—Khata i.e; homicide by mistake which is defined in Section 318 and punishable under Section 319 P.P,C,
4 Qatl—bis-Sahab i.e.. indirect killing which is defined in Section in 2 and punishable under Section 3’22 of P.P C.
Qat1——Amd, A person in is said to commit Qatl-i-Amd, if he causes the death of a person with:
(i) the intention of causing death, or
(ii) with the intention of causing bodily injury to him, by doing an act which’ in the ordinary course of nature is
likely to cause death, or
(iii) with the knowledge mat his act is so imminently dangerous that, it must in alt probability cause death.
QatI—shibh-i-amd:
A person commits Qatl-shibh-i-amd, if he causes the death of a person:
(I) with the intention to cause harm to the body or mind of that or any other person,
(ii) by means of a weapon or act which in the ordinary course is not likely to cause death.
Illustration
1. ‘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 he guilty of Qatl-shibh-i-amd.
2. K, who was suffering from heart disease, B locks him in his house. K dies due to shortage of water and medicines. B has committed Qatl-Shibh-i-Amd.
Punishment:
Any person convicted for Qatl-Shibh-i-Amd shall be liable to Diyat and may also be punished with imprisonment of either description for a term which extend to 14 years as Tazir.
Qatl-i-Khata:
A person commits Qatl-i-khata, if he causes death of a person:
(i) without any intention to cause death or harm, but
(ii) by either mistake of fact or mistake of act.
Illustration
1. A aims at a deer but misses the target and kills Z who is standing by. It is Qatl-i-khata by mistake of act.
2. A shoots at an object to be a bear, but it turns out to be human being. This is Qatl-i-khata by mistake of fact. Any person who commits Qatl-i-khata by rash or negligent driving, shall, having regard to the facts and circumstances, of the case, in addition to Diyat, be punished with imprisonment of either description for a term which may extend to ten years as Tazir.
Qati-bis-sabab:
A person commits Qati-bis-sabab, if he causes the death of a person:
(i) without any intention to cause his death, or.
(ii) Without any intention to cause him any harm, but (iii) by doing an unlawful act which becomes the cause of his
death.
Illustration
I. A unlawfully digs a pit in a thoroughfare. B while passing from there falls in it and is killed. A has committed QatI-bis-sabab, because ‘A’ had no intention to kill B or cause him any harm.
2. Z detaches electric wires from pole in order to steal. K who was passing near by, touches the wires and dies. Z is liable for K’s murder.
Punishment:
Whoever commis Qati-bis-sabab shall be to Diyat Qatl-e-amd liable toDiyat.
Qatl-e-amd liable to Qisas:
1. Proof of Qatl-e-amd shall be in any of the following forms namely:
(a) the accused makes before a Court competent to try the offence a voluntary and true confession of the commission of the offence; or
(b) by the evidence as provided in Article 17 of the Oanun-e Shahadat, Order 1984 (P.O. No.10 of 1984).
1 The provisions of sub-section (1) shall, mutatis mutandis, apply to a hurt liable to Qisas.