336. Punishment for itlaf-i-salahiyyat-i-udw.--Whoever, by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes itlaf-i-salahiyyat-i-udw of any person, shall, in consultation with the authorised medical officer, be 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
Respondent inflicting knife blows upon his wife and cutting her ears and nose thereby intentionally disfiguring her. Conviction and sentence awarded to respondent under Ss. 336 and 337-A P.P.C. was modified by High Court convicting him under S. 337-Q instead of S. 336 P.P.C., awarding him lesser sentence. Nature of injuries received by victim/petitioners. Injuries on ears and nose of petitioner were admittedly of permanent nature. Medical certificate indicated that nature of injuries would fall within definition of Itlaf-i-Salayeyat-i-udw as defined under S. 335 and punishable under S. 336 P.P.C. Compromise effected by parties during hearing of appeal was accepted by Court. Respondent was directed to pay specified amount as Arsh in 36 equal instalments and deposit the same regularly on or before 10th of every succeeding month in the Court of Sessions Judge, from where appellant would be entitled to withdraw the same according to rules. Respondent's failure to pay two consecutive instalments would render him liable to arrest and keep in custody till the realization of total balance amount in accordance with law. PLJ 2002 SC 1181.
Taking the prosecution case as a whole in the light of the medical report a case of further inquiry entitling Petitioner No. 2 to be released on bail is made out. This aspect of the matter was escaped notice of the learned Judge of the High Court. 1998 PSC (Crl.) 836(a).
7 years' sentence awarded to Petitioner No. 1. Appeal pending adjudication since 15.8.1992. No likelihood of early hearing of appeal. Sentence, suspended and bail granted. 1998 PLR (Lah.) 571.
No separate statement of accused was recorded after framing of the charge to the effect whether accused would rely on the statement of PWs recorded prior to framing the charge or the PW be resummoned. Case remanded to trial Court for fresh trial and the matter would proceed from the stage after framing the charge. Appropriate action also be taken against the Magistrate who passed the impugned order. PLJ 2005 Cr.C. (Lahore) 489.
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