' The brief facts of the present criminal miscellaneous are that the petitioner, Sardar Ali son of Khushi Muhammad had been convicted under section 304, Part II, P.P.C. And was sentenced to R.I.
For 10 years with a fine of Rs,10,000 or in default thereof to further R.I. For one year with the further direction that Rs,10,000 shall be paid to the legal heirs of the deceased by the petitioner or in default he shall suffer R.I. For one year, vide judgment dated 5-10-1991 passed by Hakim Syed Akhtar Irshad, Additional Sessions Judge, Lahore. The appeal preferred against the same was heard by this Bench and the same was dismissed vide judgment dated 10-7-1993, but the sentence of 10 years' R.I. Awarded to the petitioner/appellant was reduced to 5 years' R.I. While the fine of Rs,10,000 was reduced to Rs,5,000 or in default thereof 6 monhts' R.I. But the compensation awarded to the tune of Rs, 10,000 or in default thereof R.I. For one year was maintained.
2. The learned counsel for the petitioner/appellant had appeared on his behalf in the captioned appeal, i,e, Crl. Appeal No,1094/91, but had failed to point out at that time that according to the provisions of section 544-A(2) Cr.P,C. The maximum sentence that could be awarded in default of the payment of compensation was six months' R.I. Only, and regrettably the Court had also failed to take notice thereof. Hence the present petition contending for the correction of the judgment dated 10-7-1993 to that extent, i,e, that the sentence directed to be suffered in default of payment of Rs,10,000 should be reduced to 6 months' R.I. In accordance with the provisions of section 544-A(2), Cr.P.C. As stated above.
3. The learned counsel for the petitioner/appellant and the State were heard at length in respect thereof. The Court has accepted the contention of the learned counsel for the parties to the effect that the error as pointed out, i,e, that one year's R.I. In default of the compensation of Rs, 10,000 awarded to the appellant is contrary to the provisions contained in section 544-A(2), Cr.P.C. As stated above, is a patent error apparent on the face of the record and as such can be corrected under the provisions of section 561-A, Cr.P.C. The provisions contained in section 544-A (2), Cr.P.C.
Are as follows:-- "The compensation payable under subsection (1) shall be recoverable as (an arrears of land revenue) and the Court may further order that, in default of payment (or of recovery as aforesaid) the person ordered to pay such compensation shall suffer imprisonment for a period not exceeding six months, or if it be a Court of the Magistrate of the third class, for a period not exceeding thirty days."
4. Therefore, pursuant to the above discussion, the present petition is allowed and it is hereby directed that the judgment dated 10-7-1993 shall be corrected to the extent that appellant/accused shall suffer imprisonment of six months' R.I. Only in default of the payment of compensation of Rs, 10,000 awarded to him. Disposed of accordingly.