Law: Pakistan Penal Code (XLV of 1860)

Section: 302(b) & 309(2)

Law: Code of Criminal Procedure, 1898

Section: 345(5-A)

Penal Code (XLV of 1860)-------Ss. 302(b) & 309(2)---Criminal Procedure Code (V of 1898), S.345(5-A)--Appreciation of evidence---Compromise between accused and legal heirs of deceased---Accused, who was convicted and sentenced, had filed appeal against conviction and sentence---Accused, during pendency of appeal, moved an application under S.345(5-A), Cr.P.C. seeking her acquittal on the basis of compromise arrived at between her and legal heirs of deceased---Authenticity of legal heirs of deceased had been duly verified and the legal heirs had stated in unequivocal terms that compromise was without any coercion or undue influence and that they had extended forgiveness to accused waiving their right of Qisas and Diyat in the name of Allah Almighty and that they had no objection against the acquittal of accused---One of the legal heirs of deceased was stated to be missing for the last 10/11 years and his whereabouts were not known; it would be presumed that said missing legal heir of deceased was not alive---Compromise having been arrived at between parties without any duress and coercion, was genuine which would promote harmony and peace amongst, parties--Compromise was accepted and conviction and sentence recorded against accused by Trial Court, were set aside and she was ordered to be released---Missing legal heir of deceased if subsequently appeared and did not waive his right of Qisas, he would be entitled to his share of Diyat as provided in Proviso to subsection (2) of S.309,. P.P.C. JUDGMENT This appeal is directed against the judgment dated 28-11-2002 passed by learned Additional Sessions Judge, Wazirabad, whereby, he convicted the appellant Mst. Rukhsana Bibi under section 302(b), P.P.C. as Tazir and sentenced her to life imprisonment in case F.I.R. No.19 dated 6-2-2002 registered under section 302, P.P.C. at P.S. City Wazirabad for committing the Qatl-i-Amd of Mst. Umme Kalsoom. The appellant was further directed to pay Rs.50,000 as compensation to the legal heirs of the deceased as provided under section 544-A, Cr.P.C. or in default to further undergo for six months. 2. During the pendency of appeal Mst. Rukhsana Bibi appellant…