2001 PLP 417 (YLR)

Kh. Muhammad Iqbal for Appellant (at State expenses). Saleem Shad for the State. Date of hearing 13th April, 2001 This judgment will dispose of Criminal Appeal No.789 of 1996 directed against the judgment, doted 23-7-1996 passed by the learned Sessions Judge, Khushab, whereby he decided that appellant shall deposit Zar-e-Diyat in favour of the legal heirs of the deceased the share of Diyat of minor sons and daughters shall be deposited in fixed deposit in National Saving Centre, Jauharabad and the same shall be payable to the minors on their attaining age of majority.

2. Learned counsel for the appellant submits that appellant had also confessed his guilt before the learned Trial Court on 23-7-1996 and had stated that he would pay the Diyat amount to the father of the deceased and the minor sons and daughters .of the deceased.

3. On the other hand learned State counsel also submits that on the confession of the appellant, he was directed by the learned Sessions Judge, Khushab to pay the Diya amount. I have heard the learned counsel for parties. This is not being contested on merits for the reasons that appellant himself had made a statement before the learned Sessions Judge, Khushab on 23-7-1996 that he will pay the Diyat amount to the father of the deceased Mst. Naseem Batool and her minor' sons and daughters. The deceased Mst. Naseem Batool was his Bhabhi, the wife of his real brother Shabbar Abbas. During the trial Shabbar Abbas had forgiven his right of Qisas against the appellant for the murder of his wife. Although, he had also waived the same on behalf of the minors namely Azhar Hussain, Shahzad Hussain sons and Mst. Kafia Shehzadi and Mst. Naseem Tahira daughters but till today no payment of Zar-e -Diyat has been paid by the appellant to the father of the deceased and the minors as directed by the learned Sessions Judge in his impugned order. Learned counsel for the appellant who had filed his power of attorney on behalf of the appellant is not present so I directed D.R. (Judicial) of this Court to establish contact with the appellant who after doing the same submitted and informed this Court on the last date of hearing that the appellant had sent a fax message through Jail Superintendent that his near relative would appear before this Court alongwith his counsel but none has appeared on his behalf so on the last date of hearing I had appointed Kh. Muhammad Iqbal Butt, Advocate at State expenses to defend the appellant. Under section 331, P.P.C. this Court can order for the payment of Diyat amount in 36 easy instalments within the period of 3 years or in lump sum. The appellant is ordered to be released from jail provided he furnishes bail bonds in the sum of Rs.1,75,000 with two sureties in the like amount to the satisfaction H of Trial Court. He is directed to pay the Diyat amount to the minor sons and daughters and also to instalments which will be payable within 3 years. First instalment shall be paid to them by him on 1-6-2001 and the same will be deposited before the learned Sessions Judge, Khushab on the said date. In case he fails to deposit any instalment he shall be taken into custody and shall be sent to jail back. This order shall be Communicated by the D.R. Judicial of this Court to the appellant through Superintendent Central Jail, Sargodha. With these observations this appeal stands disposed of. N.H.Q./N-80/L Order accordingly.