| Citation(s) |
|---|
| 2016 SLG 3857 2016 SLD 3857 2016 YLR 2085 |
Lahore High Court
Criminal Revision No. 226 of 2014, heard on 11th March, 2015. Date of hearing: 11th March, 2015.
MUHAMMAD TARIQ ABBASI, JUSTICE
Tariq Mehmood Dogar for Petitioner. Malik Muhammad Jaffer, D.P.G. for the State. Mehr Ashraf Sial for the Complainant.
Criminal Revision No. 226 of 2014, heard on 11th March, 2015. Date of hearing: 11th March, 2015.
MUHAMMAD TARIQ ABBASI, JUSTICE
Tariq Mehmood Dogar for Petitioner. Malik Muhammad Jaffer, D.P.G. for the State. Mehr Ashraf Sial for the Complainant.
MUHAMMAD JAFFAR-
VS
. THE STATE AND another
Law:
Section:
(a) Penal Code (XLV of 1860)----- -----Ss. 336 & 337-A(ii)-----Itlaf-i-Salahiyyat-i-Udw, causing Shajjah-i-Mudihah-----Accused had not challenged his conviction and sentence, but had requested for instalments, towards payment of amount of 'Arsh'-----Deputy Prosecutor General, as well as counsel for the complainant/victim, had no objection in determining the instalments for payment to the amount of 'Arsh', and release of accused from jail-----Accused was awarded imprisonment of five years under S.336, P.P.C., and two years under S.337-A(ii), P.P.C.-----Accused had served out imprisonment of 4 years, 1 month and 26 days, and remaining portion of sentence was 10 months and 4 days-----In the light of settlement arrived at between the parties, un-served portion of sentence, should be forgiven, as the term of sentence which accused had already undergone, was sufficient to meet the ends of justice-----Upholding conviction and sentence of 'Arsh' awarded to accused, High Court directed to make payment of amount of 'Arsh' in instalments mentioned in the settlement-----Sentence of imprisonment of accused was reduced to already undergone. (b) Penal Code (XLV of 1860)----- -----S. 331-----Recovery of Diyat-----Object and purpose-----Object and purpose of recovery of Diyat amount, was that the victim should be compensated according to the rate which was prevailing at the time of pronouncement of . THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:----------- This revision petition is directed against the judgments dated 24.9.2013 and 22.5.2014, respectively passed by the learned Judicial Magistrate Section-30, Sahiwal and learned Additional Sessions Judge, Sahiwal. Through the above mentioned former judgment, in case FIR No. 239 dated 18.8.2010, registered under Sections 336, 337A(i), 337A(ii), 337F(v), 109, 148/149, P.P.C. at Police Station Kameer, District Sahiwal, the petitioner was convicted and sentenced in the following terms:----- i) Under Section 336, P.P.C.-'Arsh, equal to 1/2 of "diyat", payable to Abid Hussain complainant/victim, and simple imprisonment for five years. ii) Under Section 337A(ii), P.P.C. - 'Arsh' equal to 5% of "diyat", payable to the…
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