Law: Criminal Procedure Code (V of 1898)

Section: 345(2)

Law: Penal Code (XLV of 1860)

Section: 302(c)

Criminal Procedure Code (V of 1898)---.--- ---.---S.345(2)---.---Penal Code (XLV of 1860), S. 302(c)---.---Qatl-e-amd---.---compromise, acceptance of---.--- Occurrence had taken place on 15-10-2004, while the amendment in S. 302(c), P.P.C. had come on the statute book on 10-1-2005---.--- Finding of Session Court that it was a case of "Karokari" and "Ghairat" was totally wrong---.---Even High Court had held that the accused had acted under grave and sudden provocation---.---Impugned order passed by Sessions Court refusing to accept compromise between the parties, was consequently set aside and the compromise arrived at between the legal heirs of both the deceased and the accused was accepted---.---Revision petition was allowed accordingly. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, CHIEF JUSTICE---.--- As it is a short matter so notice is issued to learned D.P.G for today. I am going to dispose of main criminal revision today and along with it an application for bail before arrest has been filed but learned counsel does not press the same in view of the order, which is going to be passed in the main revision petition. 2. The background of this case is that petitioner was tried in case F.I.R No. 361 of 2004 dated 16-10-2004 registered with Police Station Burki, Lahore and was convicted and sentenced by learned Additional Sessions Judge, Lahore vide judgment dated 30-9-2006 to undergo Imprisonment for life on two counts under section 302 (b), P.P.C. with further direction to pay Rs.100,000 as compensation to the legal heirs of Mumtaz Ali deceased or in default six months' SI. However, both the sentences were ordered to run concurrently with the benefit of section 382-B, Cr.P.C. Thereafter, he filed Criminal Appeal No. 1536-2006 before this court in which his conviction under section 302(b), P.P.C. on two counts was set aside and he was awarded seven years' R.I. under section 302(c), P.P.C. on two counts vide judgment dated 1-4-2010. As he was on bail at the time of hearing of appeal, so he was taken into custody by the relevant authorities on the order of this court in order to serve out the remaining sentence, thereafter, legal heirs of both the deceased have…

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