Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 302, 309, 324, 394, 109 & 34 --------- Qanun-e-Shahadat (10 of 1984), Art. 17 --------- Qatl-i-amd, attempt to commit qatl-i-amd, voluntary causing hurt in committing robbery, abetment and common intention --------- Waiver of qisas in qatl-i-amd --------- Application for waiver of qisas on basis of partial compromise, refusal of --------- Competence and number of witnesses --------- Requirement --------- Qatl-i-amd liable to qisas, proof of --------- Petitioner, being one of the walis of deceased, filed application seeking suspension of execution of death sentence of accused for his having waived his right of qisas, which was dismissed by trial court --------- Contention raised by accused was that as trial court had omitted to mention clause (b) of S. 302 of P.P.C., thus accused was to be deemed to have been convicted under S. 302(a) of P.P.C., which would make partial compromise possible by payment of share of diyat to other walis, who were not party to compromise, in lieu of death sentence as qisas --------- Validity --------- Only punishment provided under S.302(a), P.P.C. was death, and qisas could only be exacted if voluntary and true confession or evidence within contemplation of Art. 17 of Qanun-e-Shahadat, 1984 was available --------- Conviction was not based upon confession, and purgation of witnesses had not been carried out so as to suggest infliction of death penalty as qisas --------- Despite inadvertent omission to specify clause (b) of S. 302, P.P.C., penalty of death, for all intents and purposes, had been inflicted thereunder --------- Accused had prayed for alteration of death penalty into life imprisonment before Supreme Court --------- No alternate penalty was available under S. 302(a), P.P.C. --------- Solitary favour of one of walis could not rescue accused --------- Constitutional petition was dismissed accordingly. Zahid Rehman v. The State PLD 2015 SC 77 rel. (b) Penal Code (XLV of 1860) --------- - ----------Ss. 309 & 302(a) --------- Waiver of qisas in qatl-i-amd --------- Principles --------- Partial compromise, permissibility of --------- Solitary favour of one of walis…

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