Law:

Section:

Qatl-i-amd-- ----Intention of causing death with intention of causing bodily injury--Act is so imminently dangerous--Probability cause death--Where a person by doing anything which he intends or knows to be likely to cause death, causes death of any person whose death he neither intends nor knows himself to be likely to cause, such an act committed by offender shall be liable for qatl-i-amd. [P. 138] A AJ&K Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 315 & 337--Conviction and sentence recorded against accused--Assailed--Benefit of doubt--Recovery of sticks--Day light occurrence--Sudden free fight--No pre-meditation--Convicted accused and acquitted accused were intending to commit the offence of qatl-i-amd, therefore, case of convicted-accused did not fall under Sections 302/324, A.P.C, however, same was covered by Ss. 315 & 337, APC. [P. 138] B AJ&K Penal Code, 1860 (XLV of 1860)-- ----Ss. 324 & 337-F(b)--Conviction and sentence--Challenge to--Free fight--Both the parties suffered injuries--Liable to demand punishment with imprisonment--Trial Court awarded 5 years imprisonment to accused which was not justified in the circumstances of case, therefore, Rs. 10,000/- Daman which shall be paid to P.W. and imprisonment already undergone by convict is sufficient to meet the ends of justice, however the convict is acquitted of the charge. [P. 139] C AJ&K Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 315 & 316--Conviction and sentence--Challenge to--Qatl-i-amd--Sudden free fight--Doubt of fatal blow--Benefit of doubt--Convicted were not liable for committing the offence of qatl-i-amd and conviction was not warranted in circumstances--Due to exchange of hot words a sudden free fight took place between the parties--Convicted accused were alleged for causing head injuries at the person of deceased but it was not established that who was responsible for giving fatal blow, therefore, case of convicted appellants was covered by Section 315, A.P.C.--Held: Appellants are convicted under Section 316, APC--Awarded sentence of diyyat and 7 years imprisonment each--Amount of Diyyat to be paid to the legal heirs of deceased as per their shares in…

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