Case Details

Citation(s)
2011 SLG 2248 2011 SLD 2248 2011 SCMR 1444
Supreme Court of Pakistan
Criminal Petition No. 294-L of 2008, decision dated: 29-04-2009
SARDAR MUHAMMAD RAZA KHAN, MIAN HAMID FAROOQ AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ

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ZIA alias AHMI

VS

. THE STATE

Law:

Section:

Penal Code (XLV of 1860)-------Ss.302 & 338-E---Criminal Procedure Code (V of 1898), S.345(2)---Constitution of Pakistan, Art 185(3)---Parties had entered into compromise, the genuineness whereof had been ascertained by the Trial Court---Deceased had a minor daughter and minor son and Defence Saving Certificates in favour of both of them worth Rs. 3,90,000 were purchased---Incharge National Savings Centre concerned was directed not to encash the said Defence Saving Certificates, unless the minors, after attaining majority, produced a certificate from the Court of Guardian Judge concerned---Compromise being genuine, was accepted under S.345(2), Cr.P.C., read with S.338-E, P.P.C.---Compromise and petition after conversion into appeal, were accepted---Impugned of High Court was set aside and accused was acquitted of the charge and was directed to be released. Mian M. Mudassar Bodla, Advocate Supreme Court for Petitioner. Mian Ghulam Hussain, Advocate-on-Record for the Complainant. Irshad Hussain Bhatti, D.P.G. for the State. Date of hearing: 29th April, 2009. ORDER SARDAR MUHAMMAD RAZA KHAN, J.---In the instant case, Zia alias Ahmi has been convicted under section 302, P.P.C. for the commission of murder of Mst. Shehnaz Bibi and sentenced to death. 2. Parties have entered into compromise, the genuineness whereof has been ascertained by the learned District and Sessions Judge, Pakpattan Sharif. Under the directions of this Court, the learned Sessions Judge after having examined the legal heires of Mst. Shahnaz Bibi and other elders of the locality has submitted his report No. 273-SJ dated 21-4-2009 and has declared that the compromise is genuine.…
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