Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.302 (b) & 364---Criminal Procedure Code (V of 1898), Ss. 345 & 544-A---Qatl-i-Amd and kidnapping or abducting in order to murder---Compounding of offence---Object, purpose and scope---Compensation, reduction of---Accused was convicted by Trial Court and sentenced to imprisonment for life---Application was filed by accused for his acquittal on the basis of pardon granted by legal heirs of deceased and sought compounding of offence--- Validity--- Offence under S.302(b), P.P.C. was compoundable in terms of S.345, Cr.P.C. and legal heirs with the permission of Court could enter into compromise with accused at any stage---Legal heirs of deceased admitted before High Court the factum of compromise with accused and categorically stated that under mediation of Nek Mards of locality they had forgiven accused in the name of the Holy Quran---Legal heirs of deceased further admitted in their statement to have waived off their claim to right of Qisas and Diyat and recorded no objection to acquittal of accused on the basis of compromise---Compromise was likely to bring forth harmony, peace and tranquility between parties which were necessary elements to pave the way for progress and uplift of any society or a group of society---No obstacle or impediment in permitting parties to enter into compromise---Prosecution story reflected that principle of Fasad-fil-Arz was also not attracted as motive for incident was claimed to be an old enmity between the parties---Accused was acquitted of the charge of murder under S.345(6), Cr.P.C. and sentence of imprisonment recorded under S. 364, Cr.P.C. was modified and reduced to one already undergone by accused---Amount of compensation to be paid to legal heirs was reduced to half---High Court directed that accused would be released subject to his furnishing surety bonds / undertaking that he would pay amount of compensation within a period of one year through equal installments---High Court further directed that in case of default in payment of two consecutive installments, amount of compensation would be recovered from accused as arrears of land revenue---Appeal was allowed accordingly.…

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