May 31, 2003	Saturday	Rabi-ul-Awwal 28, 1424

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MUZAFFARABAD, May 30: The AJK Shariat Court here on Thursday sentenced an accused to Diyat besides two-years rigorous imprisonment for causing death to a person by rash and negligent driving in a southern AJK district nearly nine years ago.

Accused Akhlaq Ahmed had crushed Abdul Hamid to death on the night of Nov 11, 1994 near Jhala Bridge in district Bagh. A case was registered against him and trial was held by the additional district criminal court, which on Aug 29, 2001 acquitted him of the offence under section 5 of Islamic Penal Laws Act, 1974.

However, the son of the deceased filed an appeal in the Shariat Court, contending that the court had drawn wrong conclusion from evidence on record and misread the evidence as whole.

Going through the record of the case, police diaries and arguments from both sides, the Shariat Court Chief Justice Syed Manzoor Hussain Gillani held that there was no doubt that the deceased Abdul Hamid was run over by the jeep driven by accused Akhlaq.

However, the CJ held that it did not appear to be a deliberate and intentional murder but an accident having taken place by the negligence in driving, and therefore the accused was guilty of Qatal-i-Khata (unintentional murder) under section 8 of the Islamic Penal Laws Act, 1974.

Sentencing the accused to Diyat under section 9, the CJ ordered that he and his legal heirs shall pay 2,916 Tolas and 3 Masha silver or Pakistani rupees equal to its market value to the heirs of the deceased in equal instalments in three years.

The accused was also sentenced to two years rigorous imprisonment under section 279 of the Penal Code for rash and negligent driving.

The CJ held that in case the accused failed to pay the first instalment within one year from today, he shall be arrested and detained till payment.