| Citation(s) |
|---|
| 2025 SLG 1210 2025 SLD 1210 = 2025 SCMR 776 = 2026 PLJ 52 |
Supreme Court of Pakistan
Criminal Misc. Application No. 714 of 2023 in Jail Petition No. 235 of 2021, decided on 28th February, 2025. (On appeal against the judgment dated 07.06.2021 passed by the Lahore High Court, Lahore in Crl. A. No. 86478-J of 2017 and M. R. No. 545 of 2017). Date of hearing: 20th February, 2025.
PRESENT: MUHAMMAD HASHIM KHAN KAKAR, SALAHUDDIN PANHWAR AND ISHTIAQ IBRAHIM, JJ
Nemo for Petitioner. Irfan Zia, Addl. Prosecutor General for the State. Nemo for Complainant.
Criminal Misc. Application No. 714 of 2023 in Jail Petition No. 235 of 2021, decided on 28th February, 2025. (On appeal against the judgment dated 07.06.2021 passed by the Lahore High Court, Lahore in Crl. A. No. 86478-J of 2017 and M. R. No. 545 of 2017). Date of hearing: 20th February, 2025.
PRESENT: MUHAMMAD HASHIM KHAN KAKAR, SALAHUDDIN PANHWAR AND ISHTIAQ IBRAHIM, JJ
Nemo for Petitioner. Irfan Zia, Addl. Prosecutor General for the State. Nemo for Complainant.
TANVIR HUSSAIN ---PETITIONER
VS
THE STATE ---RESPONDENT
Law: Penal Code (XLV of 1860)
Section: 302 (b), 331, 338-G
Law: Diyat, Arsh and Daman Fund Rules, 2007
Section: 6, 10
Penal Code (XLV of 1860)--- ----Ss. 302 (b), 331 & 338-G---Diyat, Arsh and Daman Fund Rules, 2007, Rr. 6 & 10---Qatl-i-amd---Inability to pay diyat---Petitioner/convict after compromise with legal heirs of deceased was unable to pay Diyat amount---Effect---Four types of remedies have been provided under Diyat, Arsh and Daman Fund Rules, 2007,for convicts/inmates unable to pay amounts of Diyat, Arsh or Daman subject to terms and conditions specified therein, namely (i) provisions of soft loans, (ii) grant out of the Fund, (iii) release on parole, and (iv) facilitation for jobs---Petitioner/convict was at liberty to approach administrative committee constituted under Diyat, Arsh and Daman Fund Rules, 2007 for management of the Fund---Petitioner/convict could also approach Trial Court under section 331 P.P.C. for payment of Diyat amount in installments---Petition was dismissed. 2003 SCMR 658; 2011 SCMR 1964; PLD 2012 SC 769 and Government of Punjab v. Abid Hussain PLD 2007 SC 315 rel. ORDER: MUHAMMAD HASHIM KHAN KAKAR, JUSTICE:---.--- The petitioner/convict, Tanvir Hussain, was booked in case FIR No. 260 dated 21.07.2015, registered under Section 302 of the Pakistan Penal Code (P.P.C.) at Police Station Saddar Lalamusa, District Gujrat for the murder of Muhammad Younas by means of causing firearm injuries. After investigation and a regular trial, the petitioner was convicted under Section 302(b) P.P.C. and sentenced to death as Tazir and further to pay a compensation of Rs.300,000/- (three hundred thousand rupees) under Section 544-A of the Code of Criminal Procedure (Cr.P.C) to the legal heirs of the deceased and in default thereof to further suffer six-months S.I. The conviction of the petitioner was also maintained in appeal by the Lahore High Court, Lahore vide its judgment dated 07.06.2021, however, his sentence of death was modified to life imprisonment and benefit under section 382-B Cr.P.C was also extended to him. Compensation under section 544-A Cr.P.C and sentence in default thereof was ordered to be maintained. The petitioner through instant petition has sought grant of leave to appeal by this court against the impugned judgment. 2. The facts…