A batter has a two count on him. Pitcher throws the ball, a curve in on the batter, who tries to check his swing, but fails..he goes through. The home plate ump punches him out as the ball hits the batter. Is it a strikeout, or HBP, and the batter gets first base?
I would think strike three because it's all about the first action. You can cause a person to get strike 1 and strike 2 by aiming the ball at their bat which is located on the batter's shoulder more than a foot out of the strike zone and without a swing by the batter. It happened to a Red Sox player this year. Craziest thing-- turned a WP into a strike for the opposing pitcher.