MUHAMMAD AFZAL Versus THE STATE

Muhammad Afzal appellant alongwith Liaqat acquitted accused was tried by the learned Additional Sessions Judge, Toba Tek Singh for the murder of Muhammad Yousaf. On the conclusion of the trial, he, vide his judgment, dated 9-5-1992, after acquitting Liaqat co-accused on benefit of doubt, convicted the appellant under section 319, P.P.C. for Qatl-e-Khata and sentenced him to 5 years' R.I. and also directed him to pay Diyat amounting to Rs.2 lac to the legal heirs of the deceased and until he paid the full amount of Diyat, to stay in jail.

2. Learned counsel for the appellant has first tried to challenge the conviction of the appellant on certain grounds but after going through his statement recorded by the trial Court under section 342, Cr.P.C., he has realized the weakness of his stand. He has requested that since he (appellant) has already undergone the sentence of imprisonment awarded to him and is a poor man, unable to pay the amount of Diyat, the same may be reduced to the level it has been notified for the relevant financial year and may be released on bail in order to enable him to pay Diyat to the heirs of the deceased as contemplated by section 331, P.P.C.

3. The appellant during the trial in his statement recorded under section 342, Cr.P.C. had admitted having killed Muhammad Yousaf inadvertently while firing at a boar and had offered to pay Diyat.

4. It is an admitted position that the appellant has, by this time, undergone the substantive sentence of imprisonment awarded to him by the trial Court. After his conviction. and sentence under section 319, P.P.C. for Qatl-e-Khata, he was directed to remain in prison till such time he paid Rs.2,00,000 as Diyat to the .heirs of the deceased. According to the learned counsel, the financial position of the appellant is so weak that he is not in a position to pay Diyat in lump sum, otherwise he would not have stayed in jail after the expiry of his substantive sentence. Taking into consideration this aspect of the matter, the appellant is released on bail if he furnishes bail-cum- surety bonds in the sum equal to the amount of Diyat with one surety in the A like amount to the satisfaction of the learned Sessions Judge, Toba Tek Singh, undertaking to pay the same within a period of three years from the date of this order. The amount of Diyat as per Notification No.SRO-619(1)/91, dated 1st July, 1991 issued by the Finance Division, Government of Pakistan, was Rs.1,06,967.50, failing which he shall be re-arrested and sent to the prison where he shall stay for such time till he pays the .said amount (Diyat) or the remaining portion thereof. Only to this extent his appeal is accepted. The amount of Diyat paid by the appellant shall be paid by the learned trial Judge to the heirs of Muhammad Yousaf deceased, to be determined by him, in accordance with their Muslim Law shares.

N.H.Q./M-1404/L Order accordingly.