Law: Pakistan Penal Code, 1860

Section: 148,149,171,302,338-E,338-E(2)

Law: Criminal Procedure Code (V of 1898)

Section: 345,435,439

Penal Code (XLV of 1860)--- ----Ss.302, 171, 449, 148, 149 & 338-E---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd, wearing garb or carrying token used by public servant with fraudulent intent, house-trespass in order to commit offence punishable with death, rioting armed with deadly weapon, unlawful assembly--- Compounding of offence---Compromise between parties---Appreciation of evidence---Accused charged for the murder of nine persons were sentenced to death on nine counts---Application for acquittal on the basis of compromise was filed by the petitioner-convict---Trial Court recorded statements of some of legal heirs of deceased but some of them did not record their statements, as such provisions contained in S. 345 Cr.P.C. was not fulfilled therefore, application of petitioner-convict under S. 338-E, P.P.C. was turned down---Later on, petitioner-convict filed another application for remission of death penalty on the basis of compromise which was also turned down---Validity---Record showed that application under S. 338-E, P.P.C. filed by petitioner-convict was dismissed by Trial Court in view of S. 345 Cr.P.C., where compromise was not effected by all the legal heirs of nine deceased---Now all the legal heirs of deceased had effected compromise with the petitioner-convict, therefore, petition was allowed and case was remanded to the Trial Court in view of S.338-E(2), P.P.C. for further proceedings. 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, P.P.C., at Police Station Sardheri, Charsadda. At conclusion of trial, both the accused were found guilty and they were convicted under Section 302, P.P.C. for the…

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