Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 544-A(2)---Penal Code (XLV of 1860), S. 302, Part II--­Petition under S. 561-A, Cr.P.C. for correction of ---Sentence for default in payment of compensation---Sentence of one year's R.I. awarded to the accused for default in payment of compensation of Rs. 10,000 to the legal heirs of the deceased was contrary to the provisions contained in S.544-A(2), Cr.P.C. and being a patent error apparent on the face of the record could be corrected under S. 561-A, Cr.P.C: ----Judgment was corrected accordingly and the accused was directed to suffer six months' R.I. only in default of payment of the said compensation. [Sentence]. ORDER The brief facts of the present criminal miscellaneous are that the petitioner, Sardar Ali son of Khushi Muhammad had been convicted under section 304, Part II, P.P.C. and was sentenced to R.I. for 10 years with a fine of Rs.l0,000 or in default thereof to further R.I. for one year with the further direction that Rs.10,000 shall be paid to the legal heirs of the deceased by the petitioner or in default he shall suffer R.I. for one year, vide judgment dated 5-10-1991 passed by Hakim Syed Akhtar Irshad, Additional Sessions Judge, Lahore. The appeal preferred against the same was heard by this Bench and the same was dismissed vide judgment dated 10-7-1993, but the sentence of 10 years' R.I. awarded to the petitioner/appellant was reduced to 5 years' R.I. while the fine of Rs.10,000 was reduced to Rs.5,000 or in default thereof 6 months ' R.I. but the compensation awarded to the tune of Rs. 10,000 or in default thereof R.I. .for one year was maintained. 2. The learned counsel for the petitioner/appellant had appeared on his behalf in the captioned appeal, i.e. CA Appeal No.1094/91, but had failed to point out at that time that according to the provisions of section 544-A(2) Cr.P..C. the maximum sentence that could be awarded in default of the payment of compensation was six months' R.I. only, and regrettably the Court had also failed to…

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