342/2004 Criminal Appeal Muhammad Yaseen (Appellant) V/S The State (Respondent)

342/2004 Criminal Appeal Muhammad Yaseen (Appellant) V/S The State (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 03-NOV-16

Penal Code (XLV of 1860)--- ----S. 320---Criminal Procedure Code (V of 1898), Ss. 340(2) & 342---Qatl-i-Khata by rash or negligent driving---Appreciation of evidence---Di'yat, non-awarding of---Accused was allegedly driving vehicle rashly and negligently and as a result, accident took place and six people lost their lives while fourteen were injured---Trial Court convicted the accused and sentenced him for five years imprisonment but did not order payment of Di'yat amount---Validity---Accused in order to disprove allegation of rash and negligent driving should have made a statement on oath under S.340(2), Cr.P.C.---Accused, in his statement under S.342, Cr.P.C., was unable to make any explanation as to why evidence had come on record against him---Trial Court rightly convicted the accused but should have added punishment of payment of Di'yat to legal heirs of each deceased---Trial Court in view of the use of word 'shall' in S.320,P.P.C. had no option to avoid ordering payment of Di'yat to legal heirs of deceased while convicting accused---High Court maintained the conviction but modified the sentence and included payment of Di'yat to legal heirs of the deceased person by the accused---Appeal was dismissed accordingly.