' The applicant was tried and sentenced to life imprisonment with a fine of Rs,25,000 under section 302/34, P.P.C. Alongwith his brother in a case arising out of F.I.R. No,612 dated 24-10-1992. On appeal, conviction from section 302/34 was altered to section 316, P.P.C. And he was held liable to pay Diyat amounting to Rs,2,02,158 and also punished with imprisonment for five years R.I. The applicant has submitted that he is a labourer by profession and so are his family members. He has no property whatsoever and he is a poor person and that his detention in jail has been for a period of more than five years and that the liability of Diyat may be waived off or in the alternative his sentence be reduced to that as in Criminal Appeal No,681 of 1994, Murder Reference No,59/9 decided on 25-11- 1997 by a Division Bench of this Court.
2. Notice was given to the State and the complainant and that complainant did not appear despite notice and only learned Additional Advocate-General (Mr. Muhammad Hanif Khatana) has entered appearance who has got no objection, in view of section 331, P.P.C. To make instalments of the Diyat amount. Section P.P.C. Reads as under:-- "331. Payment of Diyat.---(1) The diyat may be made payable. In lump sum or in instalments spread over a period of three years from the date of the final judgment.
(2) Where convict fails to pay diyat or, any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentence to simple imprisonment until the Diyat is paid full or may be released on bail if he furnishes security equivalent to the amount of diyat to the satisfaction of the Court.
(3) Where a convict dies before the payment of Diyat, or any part thereof, it shall be recovered from his estate."
3. In this view of the 'matter, it is ordered that the Diyat shall be payable by the applicant in thirty six instalments of Rs,5,615.50 each. The applicant shall deposit the first instalment on 15-12-1999 and thereafter, continue depositing the further instalments on the 15th of each month in the A/C of the legal heirs of the victim and shall furnish security equal to the amount of diyat to the satisfaction of the trial Court and also furnish bail bond that he will surrender in case he fails to deposit any instalment and will be liable to action according to law.
4. This C.M. No,2195-M of 1997 stands disposed of.