IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
PRESENT: 
Mr. Justice Asif Saeed Khan Khosa 
Mr. Justice Maqbool Baqar 
Mr. Justice Syed Mansoor Ali Shah 
 
 
 
Criminal Appeals No. 155 and 156 of 2018 
(Against the judgment dated 21.12.2017 passed by the High Court 
of Balochistan, Sibi Bench at Quetta in Criminal Appeal No. (S) No. 
53 of 2017 and Criminal Revision (S) No. 22 of 2017) 
 
 
 
Abdul Wahab, etc.  
 
(in Cr. A. 155 of 2018) 
Abdul Wahab 
 
 
(in Cr. A. 156 of 2018)  
…Appellants 
 
 
 
 
 
versus 
 
The State, etc.   
 
(in both cases) 
…Respondents 
 
 
 
For the appellants: 
Syed Ayaz Zahoor, ASC 
(in both cases) 
 
For the State:  
Syed Baqar Shah, State Counsel  
(in both cases) 
 
For the complainant: 
 
Mr. Zahoor-ul-Haq Chishti, ASC 
(in both cases) 
  
Date of hearing: 
 
 
10.01.2019 
 
JUDGMENT  
 
 
Asif Saeed Khan Khosa, J.: 
 
Criminal Appeal No. 155 of 2018 
 
 
Abdul 
Wahab, 
Ghulam 
Ishaque, 
Abdul 
Jabbar 
and 
Muhammad Ismail appellants and another had allegedly chopped 
Criminal Appeals No. 155 and 156 of 2018 
 
2
off the right ear of one Ahmed Ali in an incident taking place at 
about 10.00 A.M. on 06.02.2016 in Goth Muhammad Azam Magsi 
in the area of Police Station Shaheed Malik Muhammad Ali, 
District Jaffarabad regarding which FIR No. 8 was registered at the 
said Police Station during the same morning. After a regular trial 
the appellants were convicted by the trial court for an offence 
under section 334, PPC and were sentenced to rigorous 
imprisonment for five years and to pay Arsh equal to Diyat in equal 
shares to the victim. The appellants challenged their convictions 
and sentences before the High Court through an appeal and Nisar 
Ahmed complainant also filed a revision petition before the High 
Court seeking enhancement of the sentence of imprisonment 
passed against the appellants. Through the impugned judgment 
the High Court upheld the convictions and sentences of Ghulam 
Ishaque, Abdul Jabbar and Muhammad Ismail appellants recorded 
by the trial court whereas the said Court enhanced the sentence of 
imprisonment passed by the trial court against Abdul Wahab 
appellant to rigorous imprisonment for seven years while 
maintaining the remaining punishment imposed upon him. Hence, 
the present appeal by leave of this Court granted on 13.02.2018.  
 
2. 
Leave to appeal had been granted in this case in order to 
examine as to whether the provisions of section 337-N(2), PPC 
stood attracted to the facts of this case or not and if the said 
provisions were applicable to the case in hand then whether the 
punishments of imprisonment could have been passed against the 
appellants by way of Ta’zir or not. We have noticed that according 
to the provisions of section 337-N(2), PPC a punishment of 
imprisonment by way of Ta’zir can be passed against a convict only 
if the convict is “previous convict, habitual or hardened, desperate 
or dangerous criminal or the offence has been committed by him in 
the name or on the pretext of honour”. It is pertinent to notice that 
the trial court as well as the High Court did not observe anything 
about such credentials of the appellants. It had been held in the 
cases of Ali Muhammad v. The State (PLD 2009 Lahore 312), 
Mazhar Hussain v. The State and another (2012 SCMR 887) and 
Criminal Appeals No. 155 and 156 of 2018 
 
3
Haji Maa Din and another v. The State and another (1998 SCMR 
1528) that in a case pertaining to causing of hurt unless the 
provisions of section 337-N(2), PPC are attracted to the case of the 
convict he cannot be awarded a sentence of imprisonment by way 
of Ta’zir. In the present case the appellants had initially resorted to 
ineffective firing and no firearm injury had been received by any of 
the members of the complainant party. It was alleged that Abdul 
Wahab appellant had then cut the right ear of Ahmed Ali (PW2) 
with the use of a knife and there was some doubt available on the 
record as to whether the ear was cut off through the use of a knife 
or it was bitten off by the said appellant. Be that as it may, there 
was no serious motive on the part of the appellants and the 
asserted motive had never been proved through any independent 
evidence. Admittedly the appellants were not previous convicts and 
there was no evidence of previous involvement of the appellants in 
any criminal case. It is not denied that no issue of honour was 
involved in commission of the relevant offence by the appellants. In 
this view of the matter in terms of section 337-N(2) the appellants 
could not have been punished with imprisonment by way of Ta’zir.  
 
3. 
For what has been discussed above this appeal is partly 
allowed, the convictions of the appellants for the offence under 
section 334, PPC recorded and upheld by the courts below are 
maintained, the order passed by the trial court regarding payment 
of Arsh equal to Diyat by the appellants in equal shares is modified 
in terms of the provisions of section 337R, PPC, the appellants are 
held to be liable to pay Arsh equal to one half of Diyat in equal 
shares and the sentences of imprisonment by way of Ta’zir passed 
against the appellants are set aside. The appellants had been 
admitted to bail by this Court upon suspension of their sentences 
during the pendency of this appeal through the order dated 
13.02.2018. They are ordered to deposit Arsh equal to one half of 
Diyat in equal shares with the trial court within the next six 
months from today failing which they shall be taken into custody 
and shall be dealt with in accordance with the law. This appeal is 
disposed of in these terms.  
Criminal Appeals No. 155 and 156 of 2018 
 
4
 
Criminal Miscellaneous Application No. 6-Q of 2018 in 
Criminal Appeal No 156 of 2018 
 
4. 
This miscellaneous application is allowed in the terms 
prayed for therein. Disposed of.  
 
Criminal Appeal No.156 of 2018 
 
5. 
In view of the judgment passed by this Court in the 
connected Criminal Appeal No. 155 of 2018 this appeal has lost its 
relevance and the same is disposed of.  
 
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad 
10.01.2019 
Approved for reporting.  
 
Arif 
