IRSHAD AHMED vs THE STATE
This petition for leave to appeal is directed against the order of the Lahore High Court dismissing the petitioner's criminal miscellaneous application for review of an appellate judgment. The core legal questions involve whether a criminal appellate judgment can be reviewed in light of statutory bars, and whether a convict claiming minority at the time of the occurrence is exempt from paying Diyat under the Pakistan Penal Code. The Supreme Court held that the High Court's earlier judgment had attained finality under the Code of Criminal Procedure, precluding review, and that the petitioner, having attained majority by the time of the trial court judgment, was personally liable to pay Diyat rather than invoking the proviso applicable to minors. The key principle laid down is that criminal courts lack the power to review their final judgments, and the status of minority for Diyat liability is determined with reference to the relevant stage of proceedings as established by law.
- Whether a criminal appellate judgment of the High Court is open to review after attaining finality?
- Is a convict who was a minor at the time of the occurrence but attained majority by the trial court judgment liable to pay Diyat personally?
- Section 308, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 369, Code of Criminal Procedure 1898
ORDER
' FAQIR MUHAMMAD KHOKHAR, J.---This petition is directed against order, dated 14-3-2002 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No, 321-M of 2002 in Criminal Appeal No, 760 of 1998.-
2. The petitioner and his co-accused Babar Ali were convicted under section 308, P.P.C. By the Additional Sessions Judge, Sheikhupura for the murder of Muhammad Naeem by judgment, dated 23-6-1998,in case F.I.R. No, 56 of 1996, dated 15-3-1996 registered at Police Station, Sangla Hill, District Sheikhupura. They were sentenced to 14 years' R.I. Each by way of Ta'zir with the direction to pay Diyat in the sum of Rs, 2,50,000. The benefit of section 382-B, Cr.P.C..Was also extended to them.
The petitioner filed Criminal Appeal No,760 of 1998 before the Lahore High Court, Lahore which was disposed of by judgment, dated 22-3-2001 whereby the judgment of the trial Court was modified to the extent of amount of Diyat, which was reduced to Rs,1,89,606. The petitioner was released on bail and was required to make payment of amount of Diyat in three equal annual instalments, the first instalment being payable on 20-3-2002. In case of default in the payment of any instalment he was to be taken into custody and remitted to jail to be dealt in the same manner as if sentenced to simple imprisonment until the payment of entire amount of Diyat. The petitioner moved Criminal Miscellaneous No, 321-M of 2002 for reviewing the judgment, dated 22-3-2001. The same was dismissed by the Lahote High Court, Lahore by impugned order, dated 14-3-2002. Hence this petition for leave to appeal.
3. The learned counsel argued that the petitioner, being a minor at the time of occurrence was not liable to make any payment of Diyat by virtue of the provisions of Proviso 1 of section 308, P.P.C.
4. We have heard the learned counsel for the petitioner at length. We find that the learned counsel failed to point out as to how the earlier judgment, dated 22-3-2001 passed by the Lahore High Court, Lahore in Criminal Appeal No,760 of 1998 was open to review which had attained finality in terms of section 369, Cr.P.C. Even otherwise the petitioner having already attained majority at the time of the judgment of the trial Court was no longer a minor. Therefore, the first proviso which requires another person to make payment of Diyat amount as a substitute for a minor convict was not attracted to the facts of the present case. The impugned order of the Lahore High Court, Lahore does not suffer from any infirmity so as to call for any interference by this Court. This is nota fit case for grant of leave to appeal.
5. For the foregoing reasons, we do not find any merit in this petition and the same is dismissed accordingly.