Law: Penal Code (XLV of 1860)

Section: 302(b) & 311

Law: Code of Criminal Procedure (CrPC), 1898

Section: 345

Penal Code (XLV of 1860)-------Ss. 302(b) & 311---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd---Compounding of the offence---Principles---Incompetency of legal heirs to compound the offence--Accused was charged for committing murder of his step sister by firing due to allegation of her love affair with a boy---During the pendency of appeal, the accused and legal heirs of deceased moved an application seeking compounding of the offence and acquittal of the accused on the basis of compromise---Validity--Admittedly, none of the family members of deceased girl had come forward to report the matter against the accused---Police had to register the FIR on behalf of the State and give evidence in the Court describing the entire episode starting from their arrival at the spot and murder of the deceased within their sight by the accused---Family members of the deceased from the very inception preferred to stay aloof like a silent spectator---Conduct of family members of the deceased throughout was indicative of the fact that either they were accomplice in the offence or too scared of the accused to question his action at any stage---Both the probabilities made them incompetent to compound the offence with the accused and give no objection to his release---An accomplice is not permitted in law to forgive his fellow and ask for his release by waiving right of Qisas or Diyat which due to some natural idiosyncrasy happened to befall on him---Likewise, when a person was too afraid of the accused to even report against him for murdering his stepsister just for having a love affair, his affidavit in the court later on forgiving the latter would be looked at with extra care and caution and with a strong suspicion into the reason compelling him to do so---Because, at no stage that person dared to come forward and tell the whole story and depose against the culprit who murdered his daughter/sister/wife etc---An innocent girl of very young age lost her life at the hands of her stepbrother for no fault of her---Supposed guardians and protectors of deceased at the time of the gruesome incident chose…

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