Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 345(2),561-A

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Criminal Procedure Code (V of 1898), Ss. 345(2) & 561-A--- Qatl-i-amd--- Appreciation of evidence--- Compromise---Appellants were convicted and sentenced for life imprisonment as tazir---Appellants had challenged their conviction through appeal, whereas complainant filed revision petition for enhancement of sentence awarded to the appellant---Pending appeal, appellants had entered into compromise with the legal heirs of the deceased, who had pardoned the appellants---Compromise documents were sent to the Trial Court for verification and recording the statements of the legal heirs of deceased to confirm as to whether the compromise effected between the parties was genuine or otherwise---Record showed that deceased had eight legal heirs comprising one widow and seven children---Out of seven children only one son and one daughter were major, while rest were minors being below the age of 15-years---Trial Court had recorded the statements of complainant, real brother of deceased, widow, a major son and a major daughter of deceased---Record showed that legal heirs of deceased entered into compromise with the accused-appellants voluntarily and without any coercion---Legal heirs of deceased had verified the contents of compromise deed as they pardoned the accused-appellant in the name of Almighty Allah and did not intend to proceed further against the accused-appellants---Right of Diyat had been waived by the legal heirs of deceased---Trial Court confirmed that the compromise arrived at between the parties was genuine---Compromise deed was supported by the affidavits of the legal heirs of the deceased---Since the offence under S. 302(b), Penal Code, 1860 was compoundable and parties had entered into compromise, as such application under S. 345(2), Cr.P.C. was accepted subject to payment of Diyat amount as per S. 323, Penal Code, 1860 to the extent of minors---Accused-appellants were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 309 & 338(E)---Criminal Procedure Code (V of 1898), S.345---Qatl-i-amd---Punishment as…

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