Law: Pakistan Penal Code, 1860

Section: 302,34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 34--Conviction and sentence--Challenge to--Application for acquittal of appellant on basis of compromise--Forgiveness without compensation by legal-heirs--Direction to--Legal heirs of deceased, through their respective statements, have deposed about forgiveness of appellant, murder of their predecessor-in-interest, in name of Allah Almighty, without any compensation--Although major legal heirs of Muhammad Aslam deceased, have also made such like statements, but in fact a land, measuring 12 Kanal, situated in Mauza Bhagwal, District Chakwal, has also been transferred in their name--Interest of minor legal heir of deceased has been safeguarded by paying Rs. 5,81,000/-, his share for diyat, in shape of Defence Saving Certificates--Consequently, Sessions Judge, Chakwal has held compromise between parties as genuine--All legal heirs of deceased have compounded said offence with appellant--Parties belong to same area and they while burying their hatchets, have entered into compromise, in above mentioned terms and now, they would definitely lead a harmonial life--Appeal accepted.  2003 SCMR 663 ref. JUDGMENT Muhammad Tariq Abbasi, JUSTICE.- This single judgment is intended to decide the above captioned matters, as both are outcome of the same judgment dated 05.12.2017, passed by the learned Sessions Judge, Chakwal, whereby in case FIR No. 64, dated 18.07.2015, registered under Section 302/34 PPC, at Police Station Neela, District Chakwal, the appellant namely Hamid Ullah (hereinafter referred to as the appellant) was convicted under Section 302(b), PPC and sentenced to death on two counts, along with compensation of Rs. 3,00,000/- on each count, payable to legal heirs of the deceased namely Muhammad Aslam and Hameed Ullah, failing which to undergo simple imprisonment for six months on each count. 2. The appeal seeks setting aside of the impugned judgment, towards conviction and sentence of the appellant, whereas Murder Reference requires confirmation of death penalty, awarded to him. 3. During pendency of the matters, an application bearing Crl. Misc. No. 583-M/2019, has been moved, with the contentions, that…

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