Law: Pakistan Penal Code, 1860

Section: 302(b),309,310,311,338-E

Law: Criminal Procedure Code (V of 1898)

Section: 382B

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 309, 310, 311 & 338-E---Criminal Procedure Code (V of 1898), S.382-B---Appreciation of evidence---Compounding of offence---Pending appeal against conviction and sentence, all legal heirs of four deceased entered into compromise with accused and waived their right of Qisas and Diyat---All surviving legal heirs of four deceased though had waived their right of Qisas and Diyat and their compromise appeared to be genuine, because of inter se close relationship, but full effect could not be given to compromise as under S.338-E, P.P.C. notwithstanding waiver or compounding of the offence, the Court in its discretion, having regard to the facts and circumstances of the case, could award Tazir to offender according to the nature of offence---Legal heirs of deceased, who bad waived and compounded, were his three sons and a surviving daughter---Accused, who for no sufficient reason, had resorted to indiscriminate firing, taking lives of four innocent ladies which included his wife and three young daughters should not go scot-free just because the legal heirs of four deceased had waived and compounded offence against accused---Accused though stood acquitted of the murder charge of four ladies because all legal heirs had compounded offence and had waived their right of Qisas and Diyat, but the Court would feel no hesitance by exercising powers under S.338-E, P.P.C., to award offender punishment of imprisonment---In view of nature of offence committed, in the manner it was committed and the person by whom and against whom it was committed, it was a fit case where expression of "Fasad-fil-Arz" was applicable---Accused was convicted under S.311, P.P.C. to ten years' R.I. on four counts as Tazir which would run concurrently---Benefit of S.382-B, Cr.P.C. could not be extended to accused, because where case of an offender fell under expression `Fasad­fil-Arz', he would not be entitled to any grace and leniency in awarding sentence, muchless the award to benefit of S.382-B, Cr.P.C. Nazar Ali and another v. State PLD 1992 Pesh. 176 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 309, 310 & 311---Tazir after waiver or compounding…

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