ASGHAR ALI And 2 Others vs THE STATE

By this judgment Criminal Appeal No.1137 of 1999 filed by Asghar Ali, Muhammad Rafique and Muhammad Ashraf, appellants is being disposed of which has emerged from the judgment passed by Mian Muhammad Anwar, Magistrate Section 30, Nankana Sahib, District Sheikhupura, dated 12-10-1999, whereby in a case bearing F.I.R. NQ.71 of 1997, dated 17-2-1997, registered under sections 324/34, P.P.C. With Police Station Baraghar, Nakana Sahib, after conclusion of the trial the appellants were convicted and sentenced as under:--- Under section 324, P.P.C. Muhammad Ashraf and Asghar Ali appellants had to undergo R.I. For 5 years and also to pay an amount of Rs.50,000 each as Arsh to the injured P.W.

Under section 337-F(v), P. P. C. Muhammad Ashraf appellant had to suffer R.I. For 4 years and also to pay an amount of Rs.5,000 as Daman to the injured P.W.

Under section 337-F(v) Asghar Ali appellant had to undergo R.I. For 6 months and to pay an amount of Rs.1,000 as Daman to the injured P.W.

Under section 337-F(i.e), P.P.C. Said Asghar Ali appellant was further convicted and sentenced to undergo R.I. For a period of 2 years and also to pay an amount of Rs.2,500 as Daman to the injured P.W.

Under section 324 read with sec--tion 34, P.P.C. Muhammad Rafique appellant was sentenced to undergo R.I. For 2-years and also to pay Rs.25,000 as Arsh to the injured P.W.

However, benefit of section 382-B, Cr.P.C. Was extended to the accused persons.

2. While referring to the case reported in "Nasir Abbas v. State 2001 YLR 417, learned counsel for the appellants submits that he does not press this appeal if the amounts of Arsh and Daman imposed, by the learned trial Court are directed to be deposited in equal instalments as required by. Section 331, P.P.C.

3. It appears from the record that. Muhammad Ashraf convict after suspension of sentences, as mentioned above, was directed to be released from the custody during the pendency of the appeal subject to his furnishing security in the sum of Rs.50,000 and also the bail bonds in the like amount with two sureties, to the satisfaction of the learned trial Court, on the basis that the certificate, dated 13-11-1999 issued by the Superintendent, District Jail, Sheikhupura made it clear that he has already served the entire terms of substantive imprisonment and is behind the bars due to non-payment of Arsh and Daman, vide order, dated 11-1-2000.

4. Later on Asghar Ali and Muhammad Rafique appellants after suspension of the sentences were released from the custody during the pendency of the appeal vide order, dated 4-4-2000.

5. Now the simple point for determination is as to whether in case the amounts as mentioned above are deposited as Arsh and Daman, this Court is competent to direct for deposit of the same in instalments spread over a period of 3 years from the date of announcement of the final judgment, as it is provided in case of payment of Diyat under section 331, P.P.C. It would appear from the definitions of 'Arsh', 'Daman' and 'Diyat' as given in section 299, P.P.C. That 'Arsh' means the compensation specified which is to be paid to the victim or his heirs. 'Daman' means the compensation determined by the Court, to be paid by the offender to the victim for causing hurt, which is not liable to Arsh and that the Diyat means the compensation specified under section 323, P.P.C. Payable to the heirs of the victim. In other words, basically these are three forms of compensation and are quasi-civil damages provided in different conditions, therefore, if the amount of Diyat is payable in lump sum or in instalments then Arsh 'and Daman can also be paid in lump sum or in instalments.

6. In view of above discussion, the appellants are directed to deposit the amounts of Arsh and Daman as mentioned above in 36 equal instalments within a period of three years with the learned Sessions Judge, Sheikhupura for its disbursement. The first instalment shall be deposited with the learned Sessions Judge, Sheikhupura on or before 2nd day of January, 2003 and also the remaining instalments on the said date in future and in case of holiday the next immediate day would be considered for deposit of the instalments. In case they fail to deposit any instalment they shall be taken in custody and sent back to Jail, the learned Sessions Judge, Sheikhupura shall direct in this regard. In case of default the appellant shall remain in jail till the amounts of Arsh and Daman are paid. Copy of this order shall be sent to the learned Sessions Judge, Sheikhupura.