MUHAMMAD TARIQ ABBASI, J. This revision petition is directed against the judgments dated 24.9.2033 and 22.5.2014, respectively passed by the learned Judicial Magistrate Section-30, Sahiwal and learned Additional Sessions Judge, Sahiwal. Through the above mentioned former judgment, in case FIR No. 239 dated 18.8.2010, registered under Sections 336, 337A(i), 337A(ii), 337F(v), 109, 148/149 PPC at Police Station Kameer, District Sahiwal, the petitioner was convicted and sentenced in the following terms:- Under Section 336 PPC -.'Arsh, equal to 1/2 of diyat, payable to Abid Hussain complainant/victim, and simple imprisonment for five years. ii) Under Section 337A(ii) PPC - 'Arch' equal to 5% of 'diyat, payable to the above named complainant/victim and ' simple imprisonment for two years.
It was directed that both the above mentioned sentences shall run concurrently and the petitioner shall be entitled for the benefit provided under Section 382-B Cr.P.C.
2. The above mentioned conviction and sentence was challenged by the petitioner in shape of an appeal, whereas the complainant also filed revision petition and sought enhancement in the above mentioned sentence. Both the matters were heard by the learned Additional Sessions Judge, Saniwal and decided through judgment dated 22.5.2014, whereby the above mentioned conviction and sentence awarded to the petitioner by the learned Trial Court was maintained and accordingly both the above mentioned matters were dismissed. Feeling aggrieved, the revision petition in hand has been preferred.
3. The learned counsel for the petitioner has contended that the above mentioned period of sentence awarded to the petitioner by the learned courts below has been served out by him and now he is lying in the jail only due to non-payment of above mentioned 'Arsh', which as per law is payable in instalments, hence the learned counsel has rot challenged the conviction and sentence of the petitioner, but has requested for instalments, towards payment of the above said 'Arsh'.
4. The learned Deputy Prosecutor General as well as the learned counsel for the complainant/victim has got no objection in determining the instalments, for payment of the amount of 'Arsh' and release of the petitioner from jail.
5. The learned counsel for the petitioner as well as of the complainant/victim sat together. and then came out with a settlement that during the relevant period, the amount of 'diyat' was prescribed by the government as Rs.25,32,073, hence half of the said 'diyat' amount becomes Rs.12,66,037/-, whereas 5% of the said 'diyat' is Rs.1,26,603/-, hence as per the judgment dated 24.9.2013, total amount of 'Arsh' payable by the petitioner to Abid Hussain complainant/victim becomes Rs.13,92,640/-. It has been settled that out of the said amount, a sum of Rs.4,00,000/- would be paid, on behalf of the petitioner to the above named complainant/victim, who is in attendance, today ir the court, whereas the remaining amount of Rs.9,92,640/- would be payable in four equal instalments, each of Rs.2,48,160 payable after every 11/2 month and that first instalment shall be payable after 1 1/2 month of release of the petitioner from the jail and the rest, as stated above. Consequently, Rs.4,00,000/- has been paid and received by Abid Hussain complainant/victim, in the court.
6. The object and purpose of recovery of DIYAT amount is that the victim should be compensated according to the rate, which is prevailing at the time of pronouncement of judgmen':. Section 331 of Pakistan Penal Code, 1860 provides payment of 'diyat' in instalments spreading over a period of five years from the date of final judgment. The said provision reads as under:- "Payment of diyat.---(1) The diyat may be made payable in lump sum or in instalments spread over a period of [five] year from the date of the final judgment.
(2) Where a convict fails to pay diyat or any part thereof within the period specified in sub-section (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 [or surety] equivalent to the amount of diyat to the satisfaction of the Court [or may be released on parole as may be prescribed in the rules].
(3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from his estate."
7. As per report made by the Superintendent, Central Jail, Sahiwal, where the petitioner is confined, he was dispatched to jail on 14.1.2011, hence till now he has served out imprisonment of 04 years, 01 month and 26 days and that the remaining portion is 10 months and 04 days. In the light of the above mentioned settlement, the above said un-nerved portion of sentence should be forgiven, as the term of sentence, which the petitioner has already undergone, is sufficient to meet the ends of justice.
8. Resultantly, the above mentioned conviction and sentence of tArsh' awarded to the petitioner by the learned Trial Court and maintained by the learned Appellate court is upheld, with a direction to make its payment as per the above mentioned settled schedule. In the same manner, conviction of the petitioner in offences under Section 336 & 337A(ii) PPC is also maintained, but sentence of imprisonment is reduced to the above mentioned period, which he has already undergone. It is made clear that if the petitioner, makes even a single default in payment of the above mentioned instalments, then whole of the remaining amount shall become due and if not paid, he shall be taken into custody and sent back to jail till realization of whole of the amount, as provided under Sub-section 2 of Section 331 mentioned above
9. With the above mentioned observations/modification in term of imprisonment, the revision petition is dismissed.