Law: Pakistan Penal Code, 1860

Section: 34,299(m),302,302(b),304,305,305(a),307, 307(c),309,309(2),310,311,313,324,338-E( 1),338-E

Law: Criminal Procedure Code (V of 1898)

Section: 320(4)(b),345,345(2)(7),382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 299(m), 302(b), 305(a), 307, 309(2), 310 & 313---Qatl-i-amd---Waiver and compounding in cases of 'Qisas'---'Wali'---Right of Qisas devolving onto heirs of wali---Principles---In cases of Qisas the right of qisas vested in each wali (section 313, P.P.C.); a wali may waive his right of Qisas (section 309, P.P.C.); and a wali may compound his right of Qisas (section 310, P.P.C.)---Heirs of the victim were his wali, according to his personal law (section 305(a), P.P.C.) --- Person entitled to claim Qisas was wali [section 299(m), P.P.C.] and upon death of a wali his right of Qisas devolved on the heirs of the wali (section 307, P.P.C.)---Even an heir of an heir of a victim had a (devolved) right of Qisas and he himself became a wali and in that devolved capacity of a wali he too could waive or compound the offence of qatl-i-amd in a case of Qisas---According to S. 309(2), P.P.C. and the proviso to the same if a wali (having the original or a devolved right of Qisas) did not waive his right of Qisas but the other wali waived their right of Qisas then the non-waiving wali was entitled to his share of Diyat. (b) Penal Code (XLV of 1860)--- ----S. 304---Qatl-i-amd---Proof of qatl-i-amd liable to Qisas---Case of Ta'azir and 'Qisas"---Distinction---Criminal case became a cases of Qisas when, after the case had reached the Trial Court, either a confession was made by the accused person before the Trial Court during the trial or Tazkiya-tul-shahood (scrutiny of the witnesses before trial of the accused person) was undertaken by the Trial Court and unless either of the said two things happened before the Trial Court every criminal case was to be treated as a case of Ta'zir at every stage of the case including the stage of investigation. (c) Criminal Procedure Code (V of 1898)--- ----S. 345(2)---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd---'Ta'azir'---Compounding of offence --- Inheriting the right to compound offence---Scope---In a case of Ta'zir an offence of qatl-i-amd under S.302, P.P.C. may be compounded by the "heirs of the victim" and when an heir of a victim was only a person who inherited directly from the victim then…

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