Law: Pakistan Penal Code (PPC),1860

Section: 302,321,322

Law: Code of Criminal Procedure, 1898

Section: 173,30,435,439

Summary The Supreme Court allowed the appeal, set aside the Islamabad High Court’s revision order, and restored the trial court’s finding that the Bhoja Air crash did not prima facie show intentional murder (Qatl-i-Amd) under Section 302 PPC; instead, on available material the case falls within Qatl-bis-Sabab (Section 321/322 PPC) arising from negligence or technical fault, so the Sessions Judge rightly referred the matter to the Magistrate. The High Court’s interference in revision was unwarranted. Core points  Incident: Bhoja Air passenger flight crashed on 20.04.2012; FIR(s) registered at Police Station Koral. Charges initially included Sections 302, 287, 286, 427, 120-B and 109 PPC. Trial court (order 12.11.2019) examined applicability of Section 302 PPC and found prima facie material pointed to Qatl-bis-Sabab (Section 321) punishable under Section 322 PPC, not Qatl-i-Amd (Section 302). Trial court transmitted matter to Magistrate (powers under Section 30 Cr.P.C.) since offence found was within Magistrate’s competence. High Court, on revision, set aside that order and remanded for fresh determination. Supreme Court held revisional jurisdiction is narrow (Sections 435 & 439 Cr.P.C.); interference is limited to cases of patent illegality, perversity, or jurisdictional error. On facts and law, fatalities from air crashes are ordinarily due to technical malfunction, negligence, human error, or regulatory lapses—absence of intent to kill is typical. Conclusion: Supreme Court restored trial court’s view that Section 302 did not prima facie apply; High Court’s interference was unwarranted; appeal allowed. Law and sections Provision Short title / topic Core legal point Application in this case Section 302 PPC Qatl-i-Amd (murder) Requires intention (qasd) to cause death, or knowledge that the act is imminently dangerous and will probably cause death; mens rea is essential. Prima facie material did not disclose requisite intention or knowledge; therefore Section 302 not attracted on available record. Section 321 PPC Definition of Qatl-bis-Sabab Defines situations where death is caused without intention to kill…