| Citation(s) |
|---|
| 1985 SLG 192 1985 SLD 192 = 1985 PCRLJ 987 |
Supreme Court (AJ&K)
Presented By:
Presented By:
Law:
Section:
(a) Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (1X of 1974)-- ---S. 5--Penal Code (XLV of 1860), S. 302--Qissas--Compromise by all heirs of deceased--Person who stands charged of murder under Act of 1974 and convicted to a sentence of Qissas, would be let off only if all heirs of deceased forgive him or if they after receipt of some goods by mutual agreement strike a compromise.--[Qissas]. (b) Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)-- ---S. 5--Explanation--Where among heirs of deceased, some insist for Qissas while others demand 'Diyyat', Explanation to S. 5 of the Act would be attracted and in such a situation sentence of 4issas could be commuted to sentence of 'Diyyat'--Where none out of the heirs either insisted for Qissas or Diyyat money, section 5 of Act, held, was not available to accused for reasons that all heirs of deceased had not come forward to forgive accused.--[Qissas--Diyyat]. (c) Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (VIII of 1974)- ---S. 5--Penal Code (XLV of 1860), S. 302--Conviction of accused under S. 302, Penal Code prior to enforcement of Act 1974 which was not made to operate retrospectively--Offence under S. 302, P.P.C. not being compoundable, sentence of death awarded, held, could not be commuted. [Compromise Sentence]. (d) Words and phrases----- "Codify--Meaning--Codify means a systematic collection or digest of tire laws of a country or of those relating to a particular subject. (e) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)----- S. 42--Legislation-Enactment or Codification of Laws--Islamic Laws- Laws enacted by the Parliament or some other competent authority vested with such powers under the Constitution or other machinery are distinguishable from Divine Laws which cannot be termed as laws of a country unless they are so enacted or codified.--[Legislation]. The Sate v. Matloob Hussain Shah 1983 P Cr. L J 745 ref. (f) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)----- S. 42--Supreme Court of Azad Jammu and Kashmir--Practice--Earlier orders/ judgments of Supreme Court could not be- reviewed though such a view can…