AMIN vs THE STATE
The appellant Amin challenged his conviction under Section 319 of the Pakistan Penal Code 1860 and sentence of Diyat along with three years rigorous imprisonment passed by the Additional Sessions Judge, Jhang. The core legal question was whether the accidental firing resulting in death constituted Qatal-e-Shibh-i-Amd or another offence under the Pakistan Penal Code 1860. The Lahore High Court held that the evidence established an accidental discharge of a pistol belonging to the accused's uncle, which brought the case under Section 316 of the Pakistan Penal Code 1860 rather than Section 319. Consequently, the court modified the conviction to Section 316, reduced the imprisonment to the period already undergone as Ta'zir, and upheld the liability to pay Diyat, detailing the mechanism for payment and release under the Code of Criminal Procedure 1898. The key principle laid down is that where a fatal shooting is accidental without intent, the conviction must be modified to reflect the correct statutory provision governing accidental homicide under Islamic penal laws.
- Whether an accidental discharge of a firearm resulting in death falls under Section 316 of the Pakistan Penal Code 1860?
- Can the appellate court modify a conviction from Section 319 to Section 316 of the Pakistan Penal Code 1860 based on the facts of accidental firing?
- How is the payment of Diyat and subsequent release of a convict handled under Section 331 of the Code of Criminal Procedure 1898?
- Section 319, Pakistan Penal Code 1860
- Section 316, Pakistan Penal Code 1860
- Section 331, Code of Criminal Procedure 1898
Amin appellant was convicted under section 319, P.P.0 vide judgment, dated 18-2-1999 passed by Additional Sessions Judge, Jhang, and sentenced to payment of "Diyat" to legal heirs of the deceased Noorul Islam and 3 years' rigorous imprisonment was awarded to him as Ta'zir.
Aggrieved of the aforesaid judgment, present appeal was filed.
2. Learned counsel for the appellant as well as the State have been heard today. The examination of record reveals that a .30 bore pistol belonging to Muhammad Waris, uncle of the accused- convict accidentally went off whereby Noorul Islam was hit and he lost his life. The accused in the facts and circumstances of the case could have been convicted for offence under section 316, P.P.C. Only.
3. The conviction and sentence awarded to the appellant, keeping in view the facts and circumstances of the case, is modified. He is convicted under section .316, P.P.C. And sentenced to pay Diyat amounting to Rs,2,12,664.09 and sentence of imprisonment already undergone by him as Ta'zir.
4. The convict shall be treated, hereafter, as an under-trial prisoner until the amount of Diyat is paid by him or his parents or other relatives. The appellant-convict may pay Diyat in terms of provisions of section 331, Cr.P.C. And seek his release from prison in accordance with law referred to above.
5. The appeal is dismissed with above modification in conviction and sentence imposed on the appellant-convict.