Law:

Section:

Penal Code (XLV of 1860)---Ss.320 & 279---Constitution of Pakistan (1973), Art. 185(3)---Petition for leave to appeal---Order of the Courts below directing the accused to pay Diyat---Validity---Accused was directed to pay Diyat in accordance with law---Complainant party had no enmity to involve the accused falsely in the case---Accused admittedly was driving the vehicle and his own contention was that the deceased was negligently driving which was not supported by any evidence on record---Leave to appeal was consequently refused to accused by Supreme Court---Accused, however, was directed to pay Diyat within a period of three years in 36 equal monthly instalments. ORDER Leave to appeal is sought against the judgment of the Lahore High Court, Lahore dated 20-7-2001, whereby revision preferred by the petitioner assailing the order of the learned Additional Sessions Judge upholding his conviction under sections 320/379, P.P.C. and. setting aside his conviction under section 337-G, was dismissed. The facts are that on the fateful day, due to the negligent and rash driving, a Coaster being driven by the petitioner collided with a Dala, as a result of which Abdul Ghaffar, driver of the Dala died and three witnesses sustained injuries. The trial Magistrate vide his order dated 30-11-2000 convicted the petitioner under sections 320/337-G/279, P.P.C. under section 320, P.P.C., he sentenced petitioners to 4 years R.I. and to pay Diyat amounting to Rs.2,75,000. Under section 337-G, P.P.C., he was sentenced to one year R.1. and to pay Rs.2;000 as Daman. Under section 279, P.P.C., he was sentenced to 2 months' R.I. and a fine of Rs.1,000. All the sentences were ordered to run concurrently. An appeal was…

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