forensic Medicine , LAW

2. TOPIC: MURDER
DR HASNAT SHABBIR

3. Murder means killing a person with malice aforethought , express or implied.
In the crime of murder the accused must accept the risk of state of health , age and
sex of the deceased when the injury was inflicted .

4. Homicide [qatl]
Killing of a human being as a result of conduct of the other .
It is divided into types:
1. Lawful homicide
2. unlawful homicide

5. Lawful homicide
Types: justifiable and excusable
Justifiable :
Which is justified by following circumstances :
 Judicial execution
 Suppression of riots
 Self defence
 Preventing some forcible act eg,rape, murder etc

6. Excusable:
 Self defence or sudden quarrel
 In defence of ones home or family
 When no way to escape
 From lawful and moderate punishment
 In sports eg, boxing

7. unlawful homicide:
it implies both the fact of death and an accompanying state of mind
, known as “malice aforethought” on the part of killer .
Without such a state of mind , the act is known as culpable homicide not amounting
to murder

8. culpable homicide
Murder (culpable homicide) means killing a person with malice aforethought ,
express or implied.
Criteria for the charge of murder are:
 Intention to kill
 Preparation for the act
 Preparation for alibi

9. culpable homicide not amounting to
murder:
(manslaughter-Sec 299, IPC)
It arises :
 when the accused has intentionally attacked the deceased without the necessary
intention to kill
 When there is no intention to kill but death occurs from unlawful conduct by
the persons responsible e.g., culpable omission to perform a duty such failure
to take necessary precautions in the administration of anesthesia
 When doing a lawful act recklessly, e.g. driving a car (Sec 304-A, IPC)

10. SUICIDE
 It is a self murder
 Attempted suicide is an unlawful act and the person is held responsible for the
immediate consequences

11. Classification of Qatl (culpable homicide)
 Qatl-e-amd
 Qatl-e-shabih-e-amd
 Qatl-e-khata
 Qatl-bis-sabab

12. 1- Qatl-e-amd
 Section 300 states whoever with the intention of causing death or with the
intention of causing bodily injury , by doing an act that in ordinary course of
nature is likely to cause death or with the knowledge that this act is imminently
dangerous that death maybe a probability , causes death of a person is said to
commit qatl-e-amd
 Section 301 states that the same act if causes death of a person other than a
person whose death was intended shall also be considered as qatl-e-amd even if
the intention wasn’t to kill that person but someone else

13. Punishment of Qatl-e-amd
 Section 302 states that anyone who commits qatl-e-amd is subject to
a) Punishment with death as qisas
b) Punished imprisonment for life as tazir if facts and circumstances of the case- if
proofs in form of section 304 is not available
c) Punishment with imprisonment for either description for a term which may
extend up to 25 years where according to injunctions of Islam qisas is not
applicable

14. Proof of qatl-e-amd liable to qisas
(Section 304)
 The accused makes before a court competent to try the offence a voluntary and
true confession of the commission of offense
 By the evidence as provided in article 17 of qanun-e-shahadat,1984
Section 305 defines wali in case of qatl
 It shall be heirs of victim according to personal law
 The government if no heirs available

15. Qatl-e-amd not liable to qisas
(Section 306)
 When an offender is a minor or insane
 When an offender causes death of his child or grandchild
 When any wali of the victim is a direct descendant how low-so-ever of the
offender

16. Cases in which qisas for qatl-e-amd shall
not be enforced (Section 307)
 Offender dies before the enforcement of qisas
 When any wali voluntarily and without duress to the satisfaction of court waives
the right of qisas under section 309 or compounds under section 310
 When the right of qisas devolves on the offender as a result of the death of victim
or on the person who has no right of qisas against the offender

17. 2-Qatl-e-shabih-e-amd
 According to section 315 with whosever with intent to cause harm to the body or
mind of any person causes the death of that or any other person by means of a
weapon or an act which in the ordinary course of nature is not likely to cause
death is said to commit qatl-e-shabhih-e-amd
 Section 316 deals with the punishment of qatl-e-shabih-e-amd which constitutes
of diyat and may also be punished with imprisonment for up to 14 years as tazir

18. 3 -Qatl-e-khata
 Section 318 states whosever without any intent to cause death of, or cause harm
to, a person causes death of such a person, either by mistake of act or by mistake
of fact, is said to commit qatl-e-khata
 Section 319 deals with punishment of qatl-e-khata which constitutes of diyat
along with imprisonment for up to 5 years if caused due to any act that is rash or
negligent act other than driving as tazir
 Section 320 states that if the death occurs as result of negligent or rash driving
then imprisonment may extend up to 10 years

19. 4-Qatl-bis-sabab
 Section 321 states whosever without any intent to cause death of, 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
 Section 322 constitutes the punishment for qatl-bis-sabab for diyat only

20. Discussion ?

21. Thanks