Law: Pakistan Penal Code, 1860

Section: 334,337-N(2)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 334 & 337-N(2)--Deposit of Arsh--Appellants had allegedly chopped off right ear of injured PW in an incident--Appellants were convicted by trial Court for an offence u/S. 334, PPC and were sentenced to rigorous imprisonment for five years and to pay Arsh equal to Diyat in equal shares to victim--High Court through impugned upheld convictions and sentences of appellants but sentence of imprisonment against one appellant was enhanced for seven years--Appellant had cut right ear of PW with use of a knife and there was some doubt available on record as to whether ear was cut off through use of a knife or it was bitten off by said appellant--There was no serious motive on part of appellants and asserted motive had never been proved through any independent evidence--Admittedly appellants were not previous convicts--No issue of honour was involved in commission of relevant offence by appellants--Section 337-N(2) appellants could not have been punished with imprisonment by way of Ta'zir--Appellants are held to be liable to pay Arsh equal to one half of Diyat in equal shares and sentences of imprisonment by way of Ta'zir passed against appellants are set aside--They are ordered to deposit Arsh equal to one half of Diyat in equal shares with trial Court within next six months from today failing which they shall be taken into custody and shall be dealt with in accordance with law--Appeal is partly allowed. Application of the provision of-- ----Pakistan Penal Code, (XLV of 1860), S. 337-N(2)--According to the provisions of Section 337-N(2), PPC a punishment of imprisonment by way of Ta'zir can be passed against a convict only if the convict is "previous convict, habitual or hardened, desperate or dangerous criminal or the offence has been committed by him in the name or on the pretext of honour". PLD 2009 Lah. 312; 2012 SCMR 887; 1998 SCMR 1528 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, J.: Criminal Appeal No. 155 of 2018 Abdul Wahab, Ghulam Ishaque, Abdul Jabbar and Muhammad Ismail appellants and another had allegedly chopped off the right ear of one Ahmed Ali in an incident taking place at about 10.00…

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