| Case ID |
528ed4de-3a68-4a4d-a674-4ed7a53bac45 |
| Body |
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| Case Number |
Criminal Appeal No. 342 of 2004 |
| Decision Date |
Nov 03, 2016 |
| Hearing Date |
Mar 10, 2016 |
| Decision |
The appeal was dismissed, maintaining the conviction of the appellant Muhammad Yaseen for qatl-i-khata due to rash and negligent driving, resulting in the death of six individuals and injuries to fourteen others. The trial court's sentence of five years of rigorous imprisonment was upheld, but the High Court modified the decision to include mandatory payment of diyyat to the legal heirs of each deceased. The court emphasized that the trial court had no discretion to avoid ordering diyyat as per Section 320 of the Penal Code. The court also directed that in case of failure to pay diyyat, the appellant would undergo simple imprisonment until the amount is deposited. The decision highlighted the importance of ensuring that compensation reaches the victims' heirs, instructing the Nazir of the court to take necessary steps for locating the heirs and distributing the diyyat amount. |
| Summary |
This case revolves around a tragic accident involving the appellant, Muhammad Yaseen, who was driving a coach rashly and negligently, leading to a fatal collision with a water tanker. The incident resulted in the loss of six lives and injuries to fourteen others. The trial court convicted Yaseen and sentenced him to five years in prison. However, it failed to impose the mandatory punishment of diyyat as required by law. The Sindh High Court, upon appeal, upheld the conviction but modified the sentence to include diyyat payments to the victims' heirs. The ruling underscored the legal obligation to award diyyat in cases of qatl-i-khata and the court's responsibility to ensure the compensation reaches the rightful heirs. This case highlights critical aspects of road safety laws and the judicial system's role in delivering justice to victims of negligent driving. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR, JUSTICE
|
| Lawyers |
Jamroz Khan Afridi for Appellant,
Ms. Akhter Rehana, A.P.G. for the State
|
| Petitioners |
MUHAMMAD YASEEN
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2384,
2016 PLD 521
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
320,
340(2),
342
|