ABDUL HAFEEZ MEMON, J.---This petition is directed against the judgment, dated 2-1-1997, passed by the learned High Court of Baluchistan, Quetta, whereby it dismissed the criminal appeal filed by the petitioner.
2. Baz Muhammad petitioner alongwith co-accused Taj Muhammad was tried for offence under Section 324/337-F(i)/34, P.P.C. For making murderous assault on Noor Muhammad and his brother Muhammad Anwar and causing injuries to Muhammad Anwar with dagger. The learned trial Court found the petitioner guilty of the offence and sentenced him to 7 years' R.I. And Rs.4,00,000 as Arsh to be paid to injured Muhammad Anwar, who according to the medical evidence was paralysed from lower part of the body. As Taj Muhammad co-accused had caused a simple injury to Noor Muhammad on his fingers, he was punished only to the extent of payment of Rs.2,000 as Daman to injured Noor Muhammad.
3. The petitioner Baz Muhammad being aggrieved by his conviction and sentence passed against him, filed appeal in the High Court, while co-accused Taj Muhammad does not appear to have filed appeal. The learned High Court maintained the conviction and sentence of the petitioner Baz Muhammad and dismissed his appeal vide judgment dated 2-1-1997. Hence, this petition.
4. Mr. Muhammad Ishaque, learned counsel for the petitioner, did not challenge the conviction and the sentence of imprisonment awarded to the petitioner, but disputed the amount of Arsh awarded against him and payable to injured Muhammad Anwar, on the ground that the amount of Arsh had not been worked out in accordance with provisions of section 323 of Qisas and Diyat Ordinance.
5. After hearing the learned counsel, we grant leave only on the point whether the amount of Arsh was properly calculated in accordance with the provisions as contended by the learned counsel.