| Citation(s) |
|---|
| 2003 SLG 914 2003 SLD 914 2003 SCMR 561 |
Supreme Court of Pakistan
Criminal Petition No. 107-L of 2002, decided on 22nd May, 2002. (On appeal from the judgment/order dated 16-1-2002 passed by Lahore High Court, Lahore in Criminal Appeal No. 541 of :1996 and Murder Reference No. 239 of 1996)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Sardar Faiz Muhammad Khan Khosa, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Petitioners. Nemo for
Respondents
Criminal Petition No. 107-L of 2002, decided on 22nd May, 2002. (On appeal from the judgment/order dated 16-1-2002 passed by Lahore High Court, Lahore in Criminal Appeal No. 541 of :1996 and Murder Reference No. 239 of 1996)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Sardar Faiz Muhammad Khan Khosa, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Petitioners. Nemo for
Respondents
AMIR and anothers
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,309,311
Law: Criminal Procedure Code (V of 1898)
Section: 382B
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1560)--- ----Ss,302, 309 & 311---Constitution of Pakistan (1973), Art, 185(3)---Father and one daughter of the deceased had entered into a compromise with the accused whereas his second daughter had opposed the same---Compromise, therefore, was accepted only to the extent of father and one daughter of the deceased---Since other daughter of the deceased had not accepted the compromise the accused were convicted under S.311, P.P.C. and sentenced to undergo 12 years' R.I. with the direction to pay Diyat of Rs.1,12,156.00 to the said second daughter of the deceased---Benefit of S.382-B, Cr.P.C. was extended to the accused---Petition for leave to appeal was converted into appeal and disposed of in the said terms in circumstances. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed for leave to appeal against the judgment dated 16th January, 2002 passed by Lahore High Court, Lahore whereby death sentence awarded by Additional Sessions Judge, Faisalabad vide judgment dated 30th June, 1996 has been confirmed. 2. During the pendency of instant. petition, parties have compromised the matter outside the Court as such by filing a C.M.A. request was made for permission to compound the offence. In this behalf, a report from the learned Sessions Judge was called for to verify the genuineness or otherwise of the compromise. Learned Sessions Judge vide report dated 8th May, 2002 has opined as under:-- "From the inquiry conducted in the case, it stood proved to the satisfaction of the Court that deceased Sohna was succeeded by his father Shamman and two daughters Mst. Kausar Bibi (28) and Mst. Shahnaz Bibi (25) and none else; his wife Mst. Sakina Bibi and his mother Mst. Rajan Bibi having had long predeceased him; that Shamman and Mst. Kausar Bibi only compromised with the appellants/convicts and not at all Mst. Shahnaz Bibi; that Shamman and Mst. Kausar Bibi, as a consequence of theβ¦
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