Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 345

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Absence of premeditation to murder---Prosecution witness contradicting the complainant---Incomplete compromise between legal heirs of deceased and accused---FIR itself stated that accused had not straightaway launched an assault upon the deceased, but the same was preceded by an altercation and exchange of abuses at the spot, which showed that the situation had taken an ugly turn at the spot in the absence of any premeditation on part of the accused---Complainant was not an eye-witness to the occurrence---According to the FIR, the complainant stated that he was informed about the incident by a witness, however said witness contradicted the complainant during trial by stating that he did not see the occurrence---Another factor having bearing upon the question of sentence of accused was that the husband of the deceased, on his own behalf as well as on behalf of minor children of the deceased, had forgiven the accused and entered into a compromise, which compromise could not be given effect by courts below as it was incomplete--- Such incomplete/partial compromise may have relevance to the question of sentence of an accused in a case of Ta'zir---Supreme Court, in such circumstances, reduced accused's sentence of death to imprisonment for life---Appeal was disposed of accordingly. Abdul Ghaffar and others v. The State 2015 SCMR 1064 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd--- Death as Ta'zir--- Partial compromise--- Effect--- Partial compromise may not have any bearing upon conviction of an accused person in a case of Ta'zir but it may have, in the circumstances of a given case, some relevance to the question of sentence in such a case. JUDGMENT ASIF SAEED KHAN KHOSA, J.---Muhammad Amin Appellant had allegedly committed the murder of one Mst. Kalsoom Bibi and for commission of that offence he was booked and tried in case FIR No.325 registered at Police Station Wahdat Colony, Lahore on…

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