Shurayh (may Allah have mercy on him) said that two men testified before him, saying: "We testify that this man struck him on his throat and he died." He asked: "Do you testify that he killed him?" Shaykh Abu al-Walid (may Allah have mercy on him) said: They testified to the striking; they did not say that he killed him, so no ruling was passed against him.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسامة / 16493