Case Details

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.

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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