Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 337-L(2), 337-N(2) & 34---Criminal Procedure Code (V of 1898), S.561-A---Causing hurt liable to punishment of Daman---Common intention---Petitioners, were nominated in Rapt under S.337-L(2), P.P.C., with the role of causing injury with fist and kiks on the person of injured/complainant---Trial Court on the basis of confessional statements of the petitioners, convicted the petitioners and sentenced them to pay Daman in sum of Rs.3000 for each injury---Said quantum of Daman was enhanced and fixed Rs.10,000/- for each injury---Petitioners, challenged said enhancement, whereas, injured/ complainant, filed petition for awarding sentence of imprisonment to the petitioners---Petitioners, having confessed their guilt voluntarily, their conviction on the charge of offence under S.337-L(2), P.P.C., was maintained---Petitioners were previously non-convicts---Nothing had been brought on record by the prosecution to show involvement of the petitioners in any other case to consider them hardened, dangerous criminals---In all cases of hurt provided for in Chapter XVI, P.P.C., the normal punishment to be awarded to the offenders, was payment of 'Arsh' or 'Daman', and the optional additional punishment of imprisonment as Tazir, provided for the relevant offence, could be awarded to the offender only where the offender was a previous convict, habitual or hardened, desperate or dangerous criminal, or the offence had been committed by him in the name or on the pretext of honour---In the case of such an offender the sentence of imprisonment as Tazir, would not be less than one-third of the maximum imprisonment provided for the hurt caused---Trial Court had rightly extended benefit of S.337-N(2), P.P.C., to the petitioners---No reason existed to enhance the amount of Daman imposed on the petitioners by the Revisional Court---Order, enhancing amount of Daman, was set aside, and that of Rs.3000 was upheld and maintained. PLD 2009 Lah. 312 and Ali Muhammad v. The State 2012 PCr.LJ 104 ref. THIS JUDGMENT DELIVERED BY: ABDUL SAMI KHAN, J.--- Through this criminal miscellaneous under sections 561-A, Cr.P.C., Muhammad Yar Sadaf, Imran Aziz and…

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