Law:

Section:

Penal Code (XLV of 1860)--------- ----------S. 320---------Criminal Procedure Code (V of 1898), Ss. 340(2) & 342---------Qatl-i-Khata by rash or negligent driving---------Appreciation of evidence---------Di'yat, non-awarding of---------Accused was allegedly driving vehicle rashly and negligently and as a result, accident took place and six people lost their lives while fourteen were injured---------Trial Court convicted the accused and sentenced him for five years imprisonment but did not order payment of Di'yat amount---------Validity---------Accused in order to disprove allegation of rash and negligent driving should have made a statement on oath under S.340(2), Cr.P.C:---------Accused, in his statement under S.342, Cr.P.C., was unable to make any explanation as to why evidence had come on record against him---------Trial Court rightly convicted the accused but should have added punishment of payment of Di'yat to legal heirs of each deceased---------Trial Court in view of the use of word 'shall' in S.320,P.P.C. had no option to avoid ordering payment of Di'yat to legal heirs of deceased while convicting accused---------High Court maintained the conviction but modified the sentence and included payment of Di'yat to legal heirs of the deceased person by the accused---------Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: NAZAR AKBAR, JUSTICE:--------- The appellant through this Criminal Appeal has challenged his conviction order dated 23.8.2004 passed by 1st Additional Sessions Judge, West Karachi, in Sessions Case No.345/1997 in Crime No.24/1997 under Sections 320/337/427, P.P.C. registered at Police Station Mochko to undergo R.I for five years. 2. The brief facts of the case are that on 23.3.1997 when the appellant was driving coach No.PE-3841 rashly and negligently hit a water tanker registration No.JP-0449, on main Hub River Road near Pakistan Hotel Karachi and as a result of accident six persons died on the spot and several others were injured. The police registered FIR against both the driver of water tanker namely Jameel Afzal and the driver of passenger coach namely Muhammad Yaseen, the present appellant. Charge sheet was submitted by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492