IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.303-L of 2018  
(On 
appeal 
from 
the 
judgment 
dated 
29.1.2018 passed by the Lahore High Court, 
Multan Bench passed in Criminal Appeal 
No.664/2011) 
 
Muhammad Shamoon deceased through 
legal representatives 
 
…Petitioner(s) 
 
VERSUS 
The State and another 
 
…Respondent(s) 
 
 
For the Petitioner(s) 
: Ch. Pervaiz Akhtar Gujjar, ASC 
 
For Respondent No.2 
 
: 
 
Mr. Sikandar Javed, ASC 
 
For the State 
: Ch. M. Mustafa,  
Deputy Prosecutor General  
 
 
 
Date of Hearing 
: 30.05.2019 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.-  Muhammad 
Shamoon (since dead) was indicted alongside his son Muhammad 
Saleem for homicide, by a learned Addl. Sessions Judge at 
Chichawatni; vide judgment dated 25-8-2011, he was returned a 
guilty verdict for Qatl Shibhi-i-Amd; sentenced under section 316 of 
the Pakistan Penal Code 1860, henceforth referred to as "the 
Code", he was directed to pay Diyat in the sum of Rs.10,94,816/- 
to the legal heirs of the deceased; co-accused Muhammad Saleem 
was let off with reduction of sentence, already undergone by him. 
Aggrieved by the judgment, Muhammad Shamoon filed Crl. Appeal 
No.664/2011; it was admitted for regular hearing on 13-9-2011, 
subsequent whereto, he was released on bail vide order dated  
23-4-2012, however, passed away before final adjudication and 
when the appeal came up for hearing on 29-1-2018, a learned 
Division Bench of Lahore High Court disposed it of as having 
abated in the wake of his death. It is in this backdrop that one of 
Criminal Appeal No.303-L of 2018  
 
 
 
 
 
 
2 
 
the legal heirs of the deceased, namely, Javed Iqbal made motion 
dated 29-6-2018 for realization of Diyat amount from deceased's 
estate; pursuant to the process, the estate was attached and this 
brings deceased's legal heirs to this Court to question the 
impugned abatement, seeking decision of appeal on merits; Javed 
Iqbal, respondent has contested the move.  
2. 
 
Barring whipping provided under special laws, broadly 
categorized, there are two types of punishments to which offenders 
are liable under section 53 of the Code; by nature, these are 
corporal or monetary. Corporal punishments have to be exacted 
from the person of the offender either through forfeiture of his 
freedom or even life; these are inseparably linked with his person 
and wither away with his departure from this World. Death 
vindicates the charge. Monetary punishment is to be carried out 
from the assets held by the offender; his death would not absolve 
the legacy and it is unambiguously evident by the legislative intent 
manifested in section 386 of the Code of Criminal Procedure, 1898.  
Diyat is amongst the punishments provided under the Code and 
according to clause (e) of section 299 thereof, it is compensation 
payable to the legal heirs of the victim, value whereof, is equivalent 
to 30,630 grams of Silver to be determined on yearly basis. Section 
331 of the Code provides that an offender burdened with payment 
of Diyat, in the event of default, shall remain lodged in prison until 
it is paid in full or through installments settled against security, 
however, under sub-section (3) thereof, in the event of his death, it 
shall be recoverable from his estate. A combined reading of section 
431 of the Code of Criminal Procedure, 1898 with section 331 of 
the Code, unambiguously ensure continuation of appeal by an 
offender liable to payment of Diyat even after his death, thus, there 
was no occasion for the learned Judges in the High Court to short-
circuit 
the 
proceedings 
without 
adjudication 
on 
merit. 
Consequently, Criminal Petition is converted into appeal; same is 
allowed, the impugned order is set aside. The appeal shall be 
deemed to be pending before the High Court for decision on merits, 
after hearing the parties. Above are the reasons of short order of 
even date whereby the following order was passed:- 
Criminal Appeal No.303-L of 2018  
 
 
 
 
 
 
3 
 
"For detailed reasons to be recorded later, the instant criminal 
petition is converted into an appeal and the same is hereby 
allowed. The order dated 29.01.2018, passed by the learned 
High Court, Multan Bench, Multan, whereby criminal appeal 
filed by the convict Muhammad Shamoon (since dead) was 
consigned to record as having been abated is set aside. The 
said appeal shall be deemed to be pending before the learned 
High Court, which shall be decided on merits after hearing the 
parties." 
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
Lahore, the 
30th of May, 2019 
Approved for Reporting 
Azmat Ali/* 
JUDGE