' SALEEM AKHTAR, J.---The petitioners seek leave to appeal against the judgment of the learned Judge in Chamber whereby they have been convicted and sentenced under section 316, P.P.C. To five years' R.I. With Diyyat of Rs,1,75,000 to be given to the legal heirs of the deceased.
2. Mr. Taki Ahmed Khan learned counsel for the petitioners contended that the petitioners are poor people and cannot pay the Diyyat amount nor any of their relations can procure such a huge amount for payment and in consequence thereof they cannot be released till payment is made.
The learned counsel contended that the provisions of law regarding Diyyat as contemplated by Islam do not require a convict to remain in jail for many years/life for nonpayment of Diyyat amount, but he is entitled to be released on condition to earn and pay the same. The question raised is of general legal importance and requires consideration. Leave is granted.