1. ' Leave to appeal is sought against the judgment of the Lahore High Court, Lahore dated 20-7-2001, whereby revision preferred by the petitioner assailing the order of the learned Additional Sessions Judge upholding his conviction under sections 320/379, P.P.C. And setting aside his conviction under section 337-G, was dismissed.
2. ' The facts are that on the fateful day, due to the negligent and rash driving, a Coaster being driven by the petitioner collided with a Dala, as a result of which Abdul Ghaffar, driver of the Dala died and three witnesses sustained injuries. The trial Magistrate vide his order dated 30-11-2000 convicted the petitioner under sections 320/337-G/279, P.P.C. Under section 320, P.P.C., he sentenced petitioners to 4 years R.I. And to pay Diyat amounting to. Rs,2,75,000. Under section 337-G, P.P.C., he was sentenced to one year R.I. And to pay Rs,2,000 as Daman. Under section 279, P.P.C., he was sentenced to 2 months' R.I. And a fine of Rs,1,000. All the sentences were ordered to run concurrently.
3. ' An appeal was taken by the petitioner before learned Additional Sessions Judge against his conviction and sentence. Since the injured witnesses did not appear, therefore, his conviction under section 337-G was set aside and his conviction on other charges was upheld by the learned Additional Sessions Judge vide his order dated 21-3-2001. A revision petition was preferred by the petitioner before the Lahore High Court, Lahore which was dismissed vide order impugned.
4. ' We have heard the learned counsel at length. The learned counsel questioned the order of the Courts below directing the petitioner to pay Diyat. We do not find any merit in this contention, because the petitioner was directed to pay Diyat in accordance with law. The contention of the learned counsel that the Investigating Officer was not produced is also without any force as the record reveals that the Investigating Officer has died. There is no enmity so as to falsely involve the petitioner in this case. Admittedly the petitioner was driving a vehicle and according to his own contention the deceased was responsible for negligent driving. We do not find any supporting evidence on the record to prove that the deceased was in any manner negligent.
5. ' Be that as it may, we do not find any merit in this petition which is dismissed. However, Diyat shall be paid by the petitioner within a period of 3 years in 36 equal monthly instalments.