Law: Penal Code (XLV of 1860)

Section: 302(b),324,393,394,34,337-F(v),337-F(iii ),337-A(i)

Law: Criminal Procedure Code (V of 1898)

Section: 345

Penal Code (XLV of 1860)--- ---Ss. 302(b), 324, 393, 394, 34, 337-F(v), 337-F(iii) & 337-A(i)-Criminal Procedure Code (V of 1898), S.345---Qatl-e-amd, attempt to commit qatl-e-amd, attempt to commit robbery and voluntarily causing hurt in committing robbery---Appreciation of evidence---Compromise---During pendency of appeal, an application under S.345, Cr.P.C., had been filed on behalf of accused persons seeking their ‘acquittal on the basis of compromise arrived at between the parties---Report submitted by the Sessions Judge with regard to the genuisneness of said compromise had revealed that deceased was unmarried at the time of occurrence and was survived by her father and mother, who had forgiven the accused in the name of Almighty Allah without receiving any "badal-i-sulah", waived their right of "Qisas and "Diyat "; and had no objection, if accused were acquitted of the charge on the basis of compromise---Injured persons had also stated that party had waived their right of Daman imposed by the Trial Court---Sessions Judge in the end of report, had shown his satisfaction with regard to genuineness of the compromise---State Counsel and counsel for complainant submitted that they had no objection, if the permission to compound the offences, which were compoundable was granted---Regarding offences which were not compoundable, they had maintained that the matter of reduction of sentence., was the pure discretion of the court---Permission was granted to compound the offences which were compoundable; however, accrued, must have served out the minimum punishment provided under Ss.393 & 394, P.P.C. as benefit of S.382-B, Cr.P.C. was also extended to them---As parties had entered into compromise to burry their hatches and wanted to live a peaceful life in future, taking a lenient view, the sentences which accused had already undergone, would be sufficient to meet the ends of justice---Conviction of accused persons under Ss. 393 & 394, P.P.C., was maintained and their sentences were reduced to the period already undergone by them. JUDGMENT IJAZ AHMAD CHAUDHRY, C.J.---This judgment will dispose of Criminal Appeal No. 871 of 2005 filed by Falak Sher, Amir…

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