Law: Criminal Procedure Code (V of 1898)

Section: 345

Law: Pakistan Penal Code, 1860

Section: 302(b),338-E

Criminal Procedure Code (V of 1898)--- ----S. 345---Penal Code (XLV of 1860), Ss. 302(b) & 338-E---Qatl-i-amd---Appreciation of evidence---Compromise, non-approval of---Scope---Accused was charged for the murder of two persons and was convicted and sentenced to death by the Trial Court, which sentence was maintained upto the Supreme Court---Application under S. 338-E, P.P.C. was submitted for the release of accused on the basis of compromise effected with the legal heirs of the victims---Trial Court, at first instance allowed the parties to record their statements, but later dismissed the application for the offence being committed in the name of honour killing termed to be non-compoundable---Validity---Record showed that accused had been convicted and sentenced to death on two counts---Accused had exhausted all his remedies for his acquittal but failed---Accused had committed the murder of two persons, a female, whose only fault was noticed that she had come to the Baithak for preparing cot where the deceased had come and both the deceased talked to each other---Accused becoming so infuriated that killed two innocent persons merely that as to why female had come to the baithak and talked to the male deceased---Male deceased was close relative of female deceased (maternal uncle's son)---Accused, in such circumstances, had to suffer sentence accordingly---Impugned order of the Trial Court in relation to dismissal of the application under S. 338-E, P.P.C. had been passed under the law---Revision petition was dismissed in circumstances. Abdul Hameed v. The State and another 2011 MLD 1919; Muhammad Saleem v. The State 2008 MLD 34; Nazar Ali and another v. The State PLD 1992 Pesh. 176; Manzoor Elahi v. The State and another 2001 PCr.LJ 64 and Zia alias Ahmi v. The State 2011 SCMR 1444 ref. Karee Nawaz Khan v. The State 2016 SCMR 291 and Iqrar Hussain v. The State 2014 SCMR 1155 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- On collection of the information regarding the implication/conviction/sentence of the accused-Petitioner, is arraigned in case FIR No. 50 dated 02.02.2013 charged under section 302, P.P.C. registered at Police Station Lal Qila…

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