Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.345(6)---Penal Code (XLV of 1860), Ss. 302, 337-H(2), 34 & 338-F---Qatl-e-Amd---Waiver---Compounding of offence---Application under S.345(6), Cr.P.C. was submitted before the Trial Court during trial praying for the acceptance of the compromise between the legal heirs of deceased and the applicant (one of the five accused involved in the murder of the deceased)---Compromise application was signed by the widow and two brothers of the deceased as guardian of minor daughter of the deceased--­Recovery and distribution of Diyat---Principles---If, more than one offenders commit Qatl-e-Amd, then the Diyat shall be distributed equally on the offenders and if recovery of Diyat from one or more offenders is waived then the remaining Diyat shall be paid by the remaining offenders according to their respective shares---Chapter XVI, P.P.C., though contains no provision on the subject, but S.338-F, P.P.C. provides that in the interpretation and application of the provisions of Chap. XVI, P. P. C., and in respect of matters ancillary or, akin thereto, the Court shall be guided by the Holy Qur'an and Sunnah---Recovery and distribution of Diyat was elaborated by the High Court and order passed by tote Trial Court to the effect that applicant should deposit share of minor heir in the entire Diyat, being not in accordance with the law, was set aside. If more than one offenders commit Qatl-e-Amd, then the Diyat shall be distributed equally on the offenders and if recovery of Diyat from one or more offenders is waived then the remaining Diyat shall be paid by the remaining offenders according to their respective shares. There is no provision in this regard in Chapter XVI, P.P.C., dealing specifically but, it is provided in section 338-F that in the interpretation and application of the provisions of Chapter XVI, P.P.C. and in respect of matters ancillary or akin thereto, the Court shall be guided by the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah. In the absence of any specific provision in P.P.C. for the payment of Diyat by each of the offenders, in case of involvement of more than one offenders in the…

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