Law:

Section:

Penal Code (XLV of 1860)--Ss. 337-R & 323---Constitution of Pakistan (1973), Art. 185---Arsh for organs in pair---Medical report had shown that after the receipt of injuries, the lower portion of the injured had paralysed and he was not able to pursue his ordinary pursuits of life---Courts below, keeping in view of the nature of injuries and permanent and paralysation incapacitation of the injured had rightly imposed Arsh of Rs.4,00,000. Muhammad Munir Peracha, Advocate Supreme Court for Appellant. Muhammad Ashraf Khan Tanooli, A.G., Balochistan for the State. Date of hearing: 12th May, 2000. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Baz Muhammad, appellant along with his co-accused Taj Muhammad was tried for an offence under sections 324/337(F)(i)/34, P.P.C., for making murderous assault on Noor Muhammad and his brother Muhammad Anwar and causing injuries with dagger. The learned trial Court found the appellant guilty for the said offence and sentenced him to 7 years' R.I. and Rs.4,00,000 as Arsh to be paid to injured Muhammad Anwar. The appellant being aggrieved and dissatisfied with his conviction and sentence, filed an appeal before the learned Balochistan High Court. The learned High Court maintained the conviction and sentence of the appellant, Baz Muhammad and dismissed his appeal vide its judgment, dated 2-1-1997. Hence this appeal. This Court, while granting leave to appeal, observed as under:-- "Mr. Muhammad Ishaque, learned counsel for the petitioner, did not challenge the conviction and the sentence of imprisonment awarded to the petitioner, but disputed the amount of Arsh awarded against him and payable to injured Muhammad Anwar, on the ground that the amount of Arsh had not been worked out in accordance with provisions of section 323 of Qisas and Diyat Ordinance." On this point, we have heard Mr. Muhammad Munir Peracha, learned counsel for the appellant and Mr. Muhammad Ashraf Khan Tanooli, learned Advocate-General, Balochistan. According to P.W. Dr. Shabbir Ahmed who had examined the injured Muhammad Anwar at casualty Department, he had noted the injuries on the person of Muhammad Anwar as follows:-- "(1) Already stitched wound on left side…

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