Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Law: Penal Code (XLV of 1860)

Section: 302,311

Criminal Procedure Code (V of 1898)--- ----S. 265-K---Penal Code (XLV of 1860), Ss.302 & 311---Qatl-i-amd---Power of court to acquit accused at any stage---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd---Honour killing---Scope---Accused persons assailed the dismissal of their application under S. 265-K, Cr.P.C., which was moved mainly on the ground that a compromise was effected between the parties---Murder of deceased, as evident from the FIR and final police report, was committed on account of "ghairat"---Newly born baby of the deceased was also murdered and the place of her burial was pointed out by the accused persons--- Offence of honour killing was non-compoundable---Section 311, P.P.C. placed an embargo and stipulated that the punishment for the offence of honour killing shall not be less than 10 years---Revision petition was dismissed. 2001 PCr.LJ 1636; 2014 PCr.LJ 1454; 2014 SCMR 1155; 2000 PCr.LJ 1116 and PLD 2011 Lah. 423 distinguished. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The instant criminal revision under section 439, Cr.P.C. read with section 561-A, Cr.P.C. has been filed by the petitioners being aggrieved from the judgment/order passed by learned Additional Sessions Judge Nagar, whereby the learned Court dismissed the petition under section 265-K, Cr.P.C. filed by the petitioners for his acquittal from the charges level against them under section 302, P.P.C. vide FIR No.03/2018 of Police Station Chalat, Nagar. 2. It is an admitted fact that the petitioners were not charged in the FIR and was arrested later on the basis of supplementary statements of some PWs. The petitioners were found involved in the case. As evident from the record the petitioners allegedly committed the murder of Saima Batool in the night of 15/16 March, 2018 at 2000 hours. The dead body of deceased lady was buried in the field of Abbas Ali in front of his home. 3. The dead body of deceased lady was exhumed in presence of a Magistrate and Medical Team. During investigation it transpired that 3/4 days prior to the incident a female baby was given birth by Saima Batool, which was murdered and buried by the…

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