Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 345

(a) Penal Code (XLV of 1860)--- ----Ss. 302 34---Criminal Procedure Code (V of 1898), S. 345 ---Qatl-i-amd, common intention---Compounding of offences---Scope---Complainant lodged FIR against the petitioners for committing murder of his daughter---Parties, during the trial, moved application under S. 345, Cr.P.C., along with compromise deed and stated that they have amicably settled the matter outside the court---Father and mother of deceased appeared before the Trial Court and while confirming the contents of the compromise deed, stated that they had pardoned the accused/petitioners in the name of Al-mighty Allah and had waived their right of qisas---Both the legal heirs of deceased stated that the deceased was having two children from her ex-husband, a girl aged about 12 years and a boy aged about 11 years; however, they did not know whereabouts of their grandchildren---Consequently the Investigating Officer and complainant was called, who deposed that they did not know the whereabouts of the children of deceased---Trial Court had kept the case adjourned for almost six months but the children of deceased did not appear and finally accepted the compromise vide impugned orders---In respect of diyat amount of minors the accused persons were directed either to deposit amount of diyat for minors amounting to Rs.13,70,500/- or to submit surety/ security bond for a period of five years equal to diyat amount being aggrieved of the impugned orders in respect of diyat amount filed the present petition---Validity---Record depicted that the legal heirs of deceased submitted the compromise deed voluntarily---Complainant/father of deceased and mother of deceased appeared before the Trial Court and recorded their statements in presence of petitioners and their counsel, wherein they categorically narrated the names of minor legal heirs of deceased---On the basis of their statements, the Trial Court passed the order directing the accused to submit surety/security in lieu of diyat amount of minors or to deposit total diyat amount i.e. 1370,500 had not objected the diyat amount, whereupon finally the Trial Court acquitted the petitioners through final order---Principle of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492