Case Details

Citation(s)
2023 SLG 316 2023 SLD 316 2023 YLR 250
Lahore High Court
Criminal Revision No. 22730 of 2017, heard on 1st October, 2021. Date of hearing: 1st October, 2021.
FAROOQ HAIDER, J

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ABDUL JABBAR and 3 others

VS

The STATE and another

Law: Criminal Procedure Code (V of 1898)

Section: 345

Law: Penal Code (XLV of 1860)

Section: 302(b),337-H(ii),504,147,148,149

Criminal Procedure Code (V of 1898)--- ----S.345---Penal Code (XLV of 1860), Ss. 302(b), 337-H(ii), 504, 147, 148, 149---Qatl-i-amd, rash and negligent act, intentional insult with intent to invoke breach of the peace, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Compounding of offence---Compromise between the parties---Scope---Compromise arrived at between the accused persons and legal-heirs of deceased had been made voluntarily---Major legal-heirs of the deceased appeared and reiterated the contents of listed applications and the affidavits filed by them and stated that they have waived off their right of Qisas and Diyat so also did not claim any compensation---So far share of minor heirs was concerned, there were five minor legal-heirs and the Accountant of the Court had furnished report showing entire share amount of the minors out of which the accused persons had given agricultural land measuring (00-20) Ghuntas by way of registered sale deed and such Khata had also been mutated in the names of the said minors in the record-of-rights---Pursuant to orders of the Court of the Mukhtiarkar (Revenue) had also submitted the report showing the value of the said area of the landed property, however, for remaining Diyat amount, accused persons gave undertaking to deposit the same with the Accountant of the court---Compromise application was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. JUDGMENT FAROOQ HAIDER, J.---Petitioners i.e. Abdul Jabbar, Muhammad Mansha, Irshad Bibi alias Shehnaz Bano and Muhammad Akram were tried in case arising out of FIR No.317/2014 dated: 29.07.2014 registered under sections 420, 468, 471, P.P.C. at Police Station: Changa Manga, District: Kasur and learned Judl. Magistrate Ist Class, Chunian (trial court) vide judgment dated: 17.02.2015, convicted and sentenced them as under:-- Conviction Sentence Under section 420, P.P.C. Rigorous Imprisonment for 03 years each with fine of Rs.10,000/- each and in default thereof to further undergo two months Simple Imprisonment each. Against aforementioned conviction and sentence, petitioners filed…
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