2000 P Cr (PLP)

By way of this jail appeal the convict has assailed the conviction and sentence passed by the Court of Sessions Judge, Badin vide his judgment, dated 29-3-1997 in Sessions Case No.33 of 1992. The sentence is in following terms:-- "As accused has been found by me guilty of Qatl-shibh-i-Amd. The incident took place all of sudden and for last about five years case has remained pending before Court. During this period accused has been attending the Court, therefore, looking to all these aspects of the case, I award accused Ashraf rigorous R.I. for ten year's as Ta'zir and also order him to pay Diyat amount to the legal heirs of deceased Abdullah equivalent to value of Rs.30,630 grams of silver. In case of failure of accused to pay Diyat amount to the legal heirs of deceased Abdullah, within period of three years from the date of this judgment, then after expiry of his imprisonment period, he will be detained in jail as if sentenced to S.I. until Diyat amount is paid in full. While computing the period of his imprisonment, his detention period after the incident, be deducted from his imprisonment as provided under section 382-B, Cr.P.C."

2. Learned counsel Mr. Allah Bachayo Soomro appearing on behalf of the appellant concedes that the appeal may be disposed of with modification in the sentence to the extent what the appellant has already undergone. Learned Assistant Advocate-General Mr. Agha Khuda Bux, has no objection.

3. From the above sentence it is clear that the trial Court has awarded Diyat equivalent to value of 60,630 grams of silver to be paid to the legal heirs of deceased Abdullah. The payment. of Diyat in the above circumstances cannot be dispensed with. The appellant who is present in person is not able to pay Diyat in lumpsum, therefore, the learned counsel submits that the appellant may be allowed to pay the Diyat by way of instalments as contemplated under subsection (1) of section 331, P.P.C. For convenience section 331, P.P.C. is reproduced hereunder:-- "

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. (2) Where a convict fails to pay Diyat or any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until the Diyat is paid full or may be released on bail if he furnishes security equivalent to the amount of Diyat to the satisfaction of the Court. (3) Where a convict dies before the payment of Diyat or any part thereof, it shall be recovered from his estate. "

4. In view of the above provision, the appellant can be released on bail if he furnishes security equivalent to the amount of Diyat. Learned Assistant Advocate-General is not able to furnish the required data as to what was the price of silver on>the date of commission of offence i.e. 27-1-1992. At one time the Federal Government issued a notification notifying the amount of Diyat to be Rs.2,02,923.75 for the year 1994-95. In absence of data available in this behalf the amount of Diyat is approximately fixed at Rs.2,00,

160. The appellant shall pay instalments at the rate of Rs.5,560 per month. Accordingly, by consent it is ordered that the appeal is dismissed with the modification that the sentence of imprisonment shall be deemed to be what the appellant has already undergone and for Diyat of Rs.2,00,160 he shall furnish security to the satisfaction of the trial Court and execute a bond that he will pay the instalments at the rate of Rs.5,60 per month which he shall deposit in the trial Court. On furnishing such security and executing the bond, the appellant be released if not required to be detained in any other case. Appeal is accordingly disposed of. N.H.Q./M-49/K Sentence reduced.