Law: Penal Code (XLV of 1860)

Section: 302(b),324,34

Law: Criminal Procedure Code (V of 1898)

Section: 431,544-A

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 34---Criminal Procedure Code (V of 1898), Ss. 431 544-A---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Diyat, payment of---Scope---Accused dying before final adjudication of his appeal---Effect---Prosecution case was that the accused along with absconding accused made firing upon the complainant, due to which two persons died---Previous blood feud between the parties had been advanced as a motive behind the occurrence---Record showed that during pendency of the appeal, the accused-convict died inside the jail---Section 431, Cr.P.C., provided that every appeal under S. 411-A(2) or under S.417, Cr.P.C. shall finally abate on the death of the accused---Though, on conviction of an offender under S.302, P.P.C., the court normally, in addition to corporal punishment, imposed compensation upon the offender/convict to be paid to the legal heirs of the deceased in terms of S.544-A, Cr.P.C., recoverable as arrear of land revenue---However, in terms of S.544-A, Cr.P.C., the compensation was not a sentence under S.302, P.P.C.---Record transpired that word fine as used by the Trial Court in the impugned was actually compensation under S.544-A, Cr.P.C., in addition to imprisonment for life---Compensation under S.544-A, Cr.P.C. was neither a sentence under S.53, P.P.C. nor under S.302, P.P.C.---Appeal of the accused on his demise would stand abated to the extent of corporal punishment as well as compensation---Word fine used by the Trial Court, being against the mandate along with compensation being abated was dismissed---Since neither the complainant nor the witness had sustained any injury, thus, the Trial Court had errored by convicting the accused under S.324, P.P.C. and burdening him with an amount of fine---Appeal to the extent of sentence of fine under S.324, P.P.C. was allowed by setting aside the fine imposed upon the deceased convict. Azmat Ullah v. The State 2014 SCMR 1178 and Brig. (Rtd.) F.B. Ali and another v. The State PLD 1975 SC 506 rel. JUDGMENT ROOH-UL-AMIN KHAN, JUSTICE:---.--- At a trial held by learned Additional Sessions Judge, Lahor (Swabi), accused Mukaram Khan,…

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