JAN ALAM vs MUNTAZIR alias MUTAZIR and anothers
This criminal revision petition arises from a judgment of the trial court convicting the respondent under section 324 of the Pakistan Penal Code 1860, where the petitioner's right leg was amputated due to a firearm injury. The core legal question is whether the trial court failed to award proper compensation under the second part of section 324, Pakistan Penal Code 1860 for the hurt caused, specifically regarding the payment of Arsh. The Peshawar High Court held that the trial court was required to keep in mind the compensation provisions for permanent dismemberment or incapacitation, and accordingly accepted the petition to hold the respondent liable for the payment of Arsh amounting to one-fourth of half of the Diyat amount. The key legal principle laid down is that where an offence results in permanent impairment or amputation, the offender is liable to pay adequate compensation and Arsh as mandated by law, and the lack of mitigating circumstances warrants the enforcement of such compensation alongside the substantive sentence.
- Whether a trial court is required to award proper compensation under the second part of section 324 of the Pakistan Penal Code 1860 when a victim suffers permanent incapacitation or amputation?
- How is the amount of Arsh calculated in a case involving multiple accused persons where the victim suffers the loss of a limb?
- Can a revision petition be accepted to direct the payment of Arsh when the accused has already served the substantive sentence of imprisonment?
- Section 324, Pakistan Penal Code 1860
- Section 334, Pakistan Penal Code 1860
- Section 337-R, Pakistan Penal Code 1860
' The prayer of the petitioner in this revision petition is that his right leg has been removed as a result of the fire-arm injury caused to him by the accused/respondent Muntazir alias Mutazir and his three absconding co-accused, but the learned trial Judge while holding the accused/respondent guilty of the charge has not awarded to him proper compensation under the second part of section 324, P.P.C. For the hurt caused.
2. It may be mentioned here that the accused/respondent was convicted and sentenced under section 324, P.P.C. By the trial Court to two years' R.I. And payment of fine of Rs,5,000 or in default to suffer further imprisonment for 6 months' R.I., which period of imprisonment has already been served by the accused/respondent in jail and is now out of jail.
3. The right leg of the complainant/victim has been amputated as a result of the fire-arm injury on his person, which attracts permanent paralysation and incapacitation of the injured/complainant, hence the learned trial Court while awarding conviction and sentence to the accused/respondent under section 324, P.P.C. Was required to have kept in mind the provisions contained in the second part of section 324, P.P.C., which provides compensation to the victim for the hurt caused. Section 334, P.P.C. Read with section 337-R, P.P.C. Provide that the offender shall be liable to payment of Arsh, which is half of the Diyat amount. The Diyat amount in this case come to Rs,2,93,000 half of which comes to Rs,1,46,500. As number of accused in the case is four, therefore, the accused/respondent is liable to payment of 1/4th of half of the Diyat amount of Arsh to the victim/complainant. One-fourth of the same would thus come to Rs,36,625.
4. A show-cause notice was served upon the accused/respondent in this respect, which notice has been accepted in the Court and the learned counsel for the accused/respondent states that the accused/respondent leaves himself at the mercy of the Court. As stated above, right leg of the complainant/petitioner has been amputated as a result of the firing made by the accused at the complainant, for which the accused/respondent has already been held guilty of the charge and no appeal has been filed against the impugned judgment. The accused/respondent has served the requisite period. Of imprisonment in jail. Keeping in view the permanent nature of disability of the complainant/petitioner to pursue his ordinary pursuits of life, I see no mitigating circumstance in favor of the accused/respondent for not allowing compensation to the victim/petitioner for the hurt caused as required under section 324, P.P.C.
5. Accordingly, this revision petition is accepted and the accused/ respondent is held liable to payment of Arsh to the tune of Rs,36,625 to be paid to the victim/petitioner. The accused/respondent is directed to deposit an amount of Rs,36,625 in the trial Court within a period of 15 days and the complainant/petitioner is also directed to approach the trial Court for the receipt of the said amount.