334. Punishment for itlaf-i-udw.--Whoever by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person causes itlaf-i-udw of any person, shall, in consultation with the authorised medical officer, he punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir.
COMMENTARY
1. Scope. Arsh. Not equivalent to compensation-Accused chopping off and mutilating the nose of the victim with a knife, convicted u/S. 334, PPC for causing heart. Liable to arsh equivalent to value of diyat in terms of S. 337-Q which is not the same thing as compensation u/S. 544-A, Cr.P.C. 2003 SCMR 496.
2. Appreciation of evidence. Co-accused at the time of occurrence was empty-handed and even his presence on the spot had not been proved beyond reasonable doubt, in order to attract S. 334, PPC to his case. No evidence was on record, except statement of complainant that the co-accused was also present at the spot. Presence of co-accused on the spot being not free from doubt, his convictions and sentences, were liable to be set aside. Appeal of said co-accused was accepted and he was acquitted of charge against him and was released. 2006 PCr.LJ. 284 (b).
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