Fact: In the course of an altercation between A and B on a dark night, the former aimed a blow with his stick at the head of the later. To ward off the blow, B's wife X, who had a child on her arm intervened between them. The blow missed its aim and fell on the child head causing severe injuries, due to which the child died. Discuss the liability of A. Issue: What offence, if any, has been committed?

A aimed a blow at B's head during an altercation. The blow missed B and hit B's child, causing death. The legal question is A's mens rea - what did he intend? A aimed to cause hurt to B with a stick. The blow, if it had landed on B, would have caused simple hurt (not grievous hurt or likely to cause death). The fact that it hit the child instead was accidental. A is liable for what he intended - causing simple hurt to B. The death of the child, while tragic, was not within A's contemplation.