Law: Criminal Procedure Code (V of 1898)

Section: 345,435,439

Law: Pakistan Penal Code, 1860

Section: 148,149,171,302,338-E,449

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 345/435/439--Pakistan Penal Code, (XLV of 1860), S. 338-E--Revision petition--Two accused persons were convicted and sentenced to death under nine counts by trial Court--One convict/appellant filed application for his acquittal on the basis of compromise--Some of legal heirs did not record their statements--application u/S. 338-E, PPC was turned down--Another application before trial Court for remission of death sentence on the basis of compromise which was turned down earlier--During the pendency of the revision petition, left over legal heirs appeared--All the legal heirs of nine deceased have effected compromise--Now when all the legal heirs of deceased have effected compromise with the petitioner/convict therefore, this criminal revision petition is allowed and the case is remanded to the trial Court in view of sub Section 2 of Section 338-E, PPC for further proceedings--The trial Court after its satisfaction and hearing both the parties may pass an appropriate, just and fair order in respect of compromise effected between the parties keeping in view the recent amendment introduced in Section 338-E, PPC accordingly. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, J.- Through the instant criminal revision petition under Section 435, Cr.P.C. read with 439, Cr.P.C., petitioner/convict Niazuddin has assailed the impugned order dated 05.12.2017, rendered by learned Additional Sessions Judge-II, Charsadda, whereby application of petitioner/convict for remission of death penalty on nine(9) counts on the basis of compromise was turned down. 2. In essence, petitioner/convict along with co-accused Subhanuddin etc were charged in case FIR No. 373 dated 14.8.1996 registered under Sections 302/171/449/148/149, PPC, at Police Station Sardheri, Charsadda. At conclusion of trial, both the accused were found guilty and they were convicted under Section 302, PPC for the murder of nine deceased and sentenced them to death under each count by learned trial Court vide judgment dated 21.12.2002. 3. Lateron, petitioner/convict Niazuddin effected compromise with legal heirs of deceased and filed application before the learned trial…

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