Law: Pakistan Penal Code, 1860

Section: 34,302,324

Law: Criminal Procedure Code (V of 1898)

Section: 345

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), S. 345---Appreciation of evidence---Waiver or compounding of offence---Scope---Prosecution case was that accused and his co-accused made firing on complainant party, which resulted the instantaneous death of brother of complainant and a person sitting in a nearby hotel received injuries---After registration of case, accused/appellant was arrested, tried and convicted and sentenced---Convict filed appeal, which was dismissed---Parties thereafter compromised the matter and the same was filed before the Trial Court for acceptance and acquittal of accused/appellant on the basis thereof---Trial Court rejected the compromise on the ground of suppressing the material facts from the court---Validity---Record showed that deceased was survived by father, mother, two wives, daughter and son but compromise was effected between father, brother and son of deceased---Brother of deceased did not fall in the ambit of legal heirs of deceased---Witnesses stated that they were sole legal heirs of deceased and competent to pardon the accused because mother, daughter and a wife had died---Deceased was survived by another wife, but as the deceased before his death had divorced the said wife, as such she did not fall within the definition of legal heir of deceased---Validity---If the deceased, before his death had divorced his wife, he was legally bound to convey the factum of divorce to the Union Council concerned in writing---No such record was produced through the representative of union council concerned---Factum of death of wife and daughter of deceased was required to be proved in accordance with law---Record transpired that death certificates of wife and daughter of deceased were issued by Chief Officer Municipal Committee on the basis of information conveyed by brother of deceased was a matter of grave concern and thereby he exposed himself to be taken to task because his act smacked unofficial and irresponsible attitude---Allegedly, real sister of accused was another wife of deceased but father of deceased intentionally did not disclose said fact in his affidavit---Son of deceased…

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