Law: Pakistan Penal Code, 1860

Section: 53,147,148,149,324,337-H(2),337-Y

Penal Code (XLV of 1860)--- ----Ss. 324, 337-H(2), 147, 148, 149, 53 & 337-Y---Attempt to commit qatl-i-amd, rash or negligent act, rioting, common object, daman amount---Appreciation of evidence---Application for reduction in daman amount---Scope---Accused did not want to contest appeal against his conviction, but had prayed for reduction of daman amount awarded by the Trial Court---Accused had caused injuries to the victim in a brutal manner and prosecution brought sufficient evidence to establish the charge against accused for the offence wherein he had been convicted---In absence of any prima facie illegality or mis-reading of the evidence resulting into miscarriage of justice, interference into conclusion of conviction, would not be necessary---Convictions and sentences against accused were upheld---Daman was not a sort of compensation, but was a punishment as defined by S. 53, P.P.C.---Payment of amount of daman could not be relaxed and accused till the payment of said amount was to be kept in jail---Daman amount was determined by the court within the meaning of S.337-Y, P.P.C.---No exception could be in payment of daman amount---Either accused had to remain in jail till payment of damanamount, or could be released on bail which too with an object to enabling him to pay the daman amount in full or instalments---Amount of daman could be paid by accused in ten monthly installments---Installments would commence from date of ---Accused would be released on bail subject to furnishing solvent surety in the sum of Rs.50,000, which would continue under obligation till payment of full daman amount and in case of default such amount (remaining amount) would be recoverable from the surety directly. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN TUNIO, J.--- Liaqat Ali Cheema was booked and tried in case FIR No. 76 of 2014 for the offence under sections 324, 337-H(2), 147, 148, 149, P.P.C. registered at Police Station Tando Masti Khan and in consequence whereof he was convicted by the trial court under section 324 read with section 149, P.P.C., 337-H(2), 147 and 148, P.P.C. and was sentenced to suffer R.I. for five years and fine of Rs.5,000/= in default he shall…

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