Legal Case Summary

Case Details
Case ID 528ed4de-3a68-4a4d-a674-4ed7a53bac45
Body View case body.
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