Law:

Section:

(a) Criminal Procedure Code (V of 1898) --------- ----------Ss. 345 & 299(e) --------- Penal Code (XLV of 1860), Ss. 324, 332(2)(a), (b), 333, 335, 337(2)(a) to (f) & 309 --------- Attempt to commit qatl-i-amd --------- Compounding of offence --------- Diyat awarded for attempted qatl-i-amd of an insane, legality of --------- Diyat, refund of --------- Counsel directed to pay compensation to accused for their misconduct/criminal negligence --------- Trial court, allowing application for acceptance of compromise in terms of S. 345(2), Cr.P.C., directed the accused to deposit the share amount of Diyat of the injured/insane with the Nazir of the court before his release from judicial custody --------- Accused deposited the Diyat in High Court during pendency of present criminal revision --------- All family members of the injured/insane victim had entered into compromise with the accused with permission of the court --------- Neither S. 299(e), Cr.P.C. spoke of Diyat of injury or Diyat for injury to the injured nor S. 324, P.P.C. mentioned about payment of Diyat to the victim for attempt to qatl-i-amd --------- Since the victim had survived, the case against the accused was one of hurt caused by him --------- Direction of the trial court to deposit the share amount of Diyat of the injured with Nazir of the court was patently illegal and contrary to law --------- Reference to S. 309, P.P.C. by the trial court was not proper --------- Qisas was not applicable unless the injury caused by the accused fell under S. 332(2)(a) & (b), P.P.C. --------- Charge-sheet available on record did not refer to the offences for which punishment was provided under Ss. 333 & 335, P.P.C. --------- Case of prosecution in the FIR and the charge sheet was about causing injury/hurt on the head of the victim; therefore, the case of the accused fell under S. 337(2)(a) to (f), P.P.C., the provisions of which were compoundable under Sched. II of Cr.P.C. --------- Section 324, P.P.C. also did not impose any condition which could hamper the possibility of compromise in terms of S. 345(6), Cr.P.C. by the persons who, otherwise, were competent to compound the offence on behalf of…

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