Case Details

Citation(s)
2023 SLG 886 2023 SLD 886 2023 MLD 395
Lahore High Court
Criminal Miscellaneous No. 2 of 2021 in Criminal Appeal No. 917 of 2010, heard on 18th May, 2022. heard on: : 18th May, 2022.
ALI BAQAR NAJAFI, J

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ALI SHER alias SHEERI and others

VS

The STATE and others

Law: Penal Code (XLV of 1860)

Section: 302(b),324,337-A(i),337-D,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 345

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-A(i), 337-D, 148, 149---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, jaifah, rioting armed with deadly weapon, unlawful assembly---Compounding of offence---Scope---Parties, during the trial, moved application under S. 345, Cr.P.C., along with compromise deed and stated that they had amicably settled the matter outside the court---None of the legal heirs of the deceased had contested the compromise but prosecutor had raised objection that the compromise could not be effected to the extent of the minors without payment to them of the differential amount between the payable Diyat in the year 2012 and what was payable when the compromise was being effected between the other legal heirs of deceased---Validity---Record showed that one widow and three minors were the surviving legal heirs of the deceased---According to the statement of natural guardian of the minors before the Trial Court, she raised no objection if petitioners/appellants were also acquitted of charges, since she had already received amount of Rs.22,35,500/-in the shape of Defence Saving Certificates as Diyat on behalf of the minors of the deceased in the year 2012---Diyat was not a punishment, its enhancement for the legal heirs was not their legal right when it had already been exercised by them drawing all the amount of Diyat to their share---No new right had accrued to them---Only exception through which a compromise could be recalled was that it was…
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