ZAFAR and anothers Versus THE STATE
This matter arises from an application filed by a convict undergoing a sentence of five years rigorous imprisonment under section 316 of the Pakistan Penal Code 1860, following the alteration of his original conviction under section 302/34, Pakistan Penal Code 1860. The applicant sought a waiver of the Diyat liability amounting to Rs. 2,02,158 on account of extreme poverty, or alternatively, a reduction in sentence, and further prayed for relief regarding the mode of payment. The core legal question concerned whether the payment of Diyat could be spread over instalments under the relevant provisions of the Pakistan Penal Code 1860 when the convict is indigent. The Lahore High Court held that in view of section 331 of the Pakistan Penal Code 1860 and with no objection from the State, the Diyat amount could be made payable in instalments. The court ordered that the Diyat be paid in thirty-six equal monthly instalments, subject to the convict furnishing appropriate security and bail bonds to the satisfaction of the trial court.
- Can the payment of Diyat be made payable in instalments under the Pakistan Penal Code 1860?
- What is the maximum period over which Diyat payments can be spread in instalments?
- What consequences follow if a convict fails to pay Diyat within the specified period?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 316, Pakistan Penal Code 1860
- Section 331, Pakistan Penal Code 1860
ORDER
The applicant was tried and sentenced to life imprisonment with a fine of Rs,25,000 under section 302/34, P.P.C. Alongwith his brother in a case arising out of F.I.R. No,612 dated 24-10-1992. On appeal, conviction from section 302/34 was altered to section 316, P.P.C. And he was held liable to pay Diyat amounting to Rs,2,02,158 and also punished with imprisonment for five years R.I. The applicant has submitted that he is a labourer by profession and so are his family members. He has no property whatsoever and he is a poor person and that his detention in jail has been for a period of more than five years and that the liability of Diyat may be waived off or in the alternative his sentence be reduced to that as in Criminal Appeal No,681 of 1994, Murder Reference No,59/9 decided on 25-11- 1997 by a Division Bench of this Court.
2.Notice was given to the State and the complainant and that complainant did not appear despite notice and only learned Additional Advocate-General (Mr. Muhammad Hanif Khatana) has entered appearance who has got no objection, in view of section 331, P.P.C. To make instalments of the Diyat amount. Section P.P.C. Reads as under:--
"331. Payment of Diyat.---(1) The diyat may be made payable. In lump sum or in instalments spread over a period of three years from the date of the final judgment.
3.In this view of the 'matter, it is ordered that the Diyat shall be payable by the applicant in thirty six instalments of Rs,5,615.50 each. The applicant shall deposit the first instalment on 15-12-1999 and thereafter, continue depositing the further instalments on the 15th of each month in the A/C of the legal heirs of the victim and shall furnish security equal to the amount of diyat to the satisfaction of the trial Court and also furnish bail bond that he will surrender in case he fails to deposit any instalment and will be liable to action according to law.
4.This C.M. No,2195-M of 1997 stands disposed of.