| Citation(s) |
|---|
| 2015 SLG 1063 2015 SLD 1063 2015 YLR 2566 |
Sindh High Court
Cr. Rev. App. No. S-96 of 2014, decision Date : 16-08-2014, hearing Date : 21-07-2014.
SALAHUDDIN PANHWAR, JUSTICE
Ayaz Ali Gopang for Applicant. Shahid Sheikh, A.P.G. for the State.
Cr. Rev. App. No. S-96 of 2014, decision Date : 16-08-2014, hearing Date : 21-07-2014.
SALAHUDDIN PANHWAR, JUSTICE
Ayaz Ali Gopang for Applicant. Shahid Sheikh, A.P.G. for the State.
MUHAMMAD ISMAIL
VS
THE STATE AND ANOTHER
Law:
Section:
Penal Code (XLV of 1860)--- ----S. 324---Criminal Procedure Code (V of 1898), S. 345---Attempt to commit qatl-i-amd---Compromise---Application moved by accused under S.345(2) & (6), Cr.P.C. for accepting compromise arrived at between the parties, was dismissed---Validity---Injured, in the case, was not in a position to give the statement before the court---Permission for the compromise, in circumstances, could not be given to the complainant and accused to enter into the compromise---Case falling within meaning of S.345(4), Cr.P.C., no compromise could legally hold the field, unless a person, otherwise competent to contract on behalf of such person, was permitted by the competent court to compound on behalf of such person within the meaning and object of S.345(4), Cr.P.C.---Injured being not legally capable to make a legal binding statement/act, Trial Court was right in dismissing the application moved by accused under S.345(2) & (6), Cr.P.C., because, in such eventuality, proper course, available was to move under S.345(4), Cr.P.C., which had not been resorted to by the parties---Petition was not sustainable under the law, as there was no jurisdictional error or illegality on the part of the Trial Court, while recording the impugned order---Revision petition was dismissed, in circumstances. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Through the instant Revision petition, the applicant has called in question the legality of the order dated 1st April, 2014 passed by learned 1st Additional Sessions Judge, Shaheed Benazirabad whereby application(s) under section 345(2) & (6) Cr.P.C., moved in S.C. No. 143/2005 S/v Muhammad Ismail Bhangwar and others were dismissed. 2. Succinctly, the facts of the case are that complainant Allahdino lodged FIR at PS B Section Shaheed Benazirabad on 10-7-2013 at 1515 hours with an allegation that on 9-7-2005 at 5.00 pm, accused Muhammad Ismail, Adam and two unknown persons, being armed with deadly weapons, waylayd Shah Ali brother of complainant; abused him and accused Muhammad Ismail caused fire shot while accused Adam caused hatchet blows on legs and arms and unknown persons caused butt blows of their…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492