Law: Penal Code (XLV of 1860)

Section: 302(b), 337-A(ii), 337-L(2)

Law: Code of Criminal Procedure (CrPC), 1898

Section: 382A, 426

Penal Code (XLV of 1860)-------Ss. 302(b), 337-A(ii) & 337-L(2)---Qatl-i-amd, shajjah-i-madihah, hurt--Depositing the amount of Arsh and Daman---Scope---Accused were charged for committing murder of the brother of petitioner---After trial, one of the accused persons was sentenced to death whereas the remaining two accused persons were sentenced to pay Arsh and Daman---Said two accused filed an application before the Trial Court, seeking permission to deposit the Arsh and Daman amount under protest, subject to their right to appeal, which was allowed---Petitioner being aggrieved of said orders alleged that he did not receive notice of such application, though the Public Prosecutor represented the State---Validity---Upon conviction, the sentence of imprisonment must be carried out unless it is deferred or suspended under S.382-A or S.426, Cr.P.C.---However, it is impermissible for the Trial Court to allow the convict to deposit Diyat, Arsh, or Daman under protest for release--Any deviation from the prescribed course would constitute an act without lawful authority and would not be sustainable under the law---Impugned order being illegal and without jurisdiction, was set-aside---Petition was allowed.Muhammad Adnan alias Dana v. The State and others 2015 SCMR 1570 and Riaz Hussain v. The State and others 2022 PCr.LJ 1793 rel.JUDGMENTTARIQ SALEEM SHEIKH, J.---The Petitioner, Manzoor Hussain (PW-6), lived in Chak No.336/G.B., District Toba Tek Singh. On 10.1.2018, he lodged FIR No.15/2018 Exh. PG/1 at Police Station Rajana, stating that the same day, around 11:00 a.m. he was going to his factory on a motorcycle with his brother, Haji Muhammad Hussain. When they were about 100 feet from the Rajana Toll Plaza, Muhammad Iqbal (armed with a pistol), Abdul Jabbar, Nisar, Shabbir, and Shakeel (armed with sotas), intercepted them. The accused forcibly took the Petitioner to a nearby orchard, physically assaulting him. Muhammad Hussain rushed to rescue him upon which Iqbal shot Muhammad Hussain with his pistol in the head near the right ear, causing him to fall. Iqbal then fired a second shot at Muhammad Hussain's head. Jabbar struck Manzoor Hussain on the head above the…

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