Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 320 & 331 --------- Causing death by rash and negligent driving --------- Diyat amount, recovery of --------- Instalments --------- Accused was convicted by Trial Court and sentenced to imprisonment for seven years for causing death of three persons by rash and negligent driving --------- Accused had served out his sentence and was behind the bars only for non-payment of Diyat amount because of financial restraints --------- Validity --------- Total amount of Diyat was Rs.33,08,040/- and High Court keeping in view the financial condition of petitioner directed him to pay the amount of Diyat to the legal heirs of concerned deceased persons in instalments within a period of five years at the rate of Rs.55,134/- per month without fail --------- High Court directed that instalments would be paid till 10th of every month and in case of default in payment of the same, accused was to be proceeded against under S. 331, P.P.C. --------- Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---------- Muhammad Rafique alias Feeqa son of Wali Muhammad, caste Taili resident of Faisal Colony, Jahawarian, Tehsil Shahpur, District Sargodha (petitioner) was involved in case FIR No. 226, dated 15.06.2008, offence under sections 320, 337-G, 279, 427, P.P.C., registered with Police Station, Bhalwal, District Sargodha, and was tried by the learned Judicial Magistrate, Bhalwal. The learned trial court seized with the matter in terms of judgment dated 01.04.2010, convicted/sentenced the petitioner as under:- Sr. # Name of the petitioner Conviction and sentence (1) Muhammad Rafique alias Feeqa  Under section 320, P.P.C., for causing death of Nazim Hussain by rash and negligent driving and sentenced him to seven years' R.I. with diyat amounting to Rs.11,02,680/-.  Under section 320, P.P.C., for causing death of Mst. Samina Bibi by rash and negligent driving and sentenced him to seven years' R.I. with diyat amounting to Rs.11,02,680/-.  Under section 320, P.P.C., for causing death of Mst. Kaniz Fatima by rash and negligent driving and sentenced him to seven years' R.I.…

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