Law:

Section:

Penal Code (XLV of 1860)--- S. 302 Compromise Sentence, mitigation of Parties reaching amicable settlement and accused family paying Rs. 40,000 as com¬pensation to heirs of deceased Sentence of death reduced to life imprisonment in circumstances of case In view of cash com¬pensation paid by accused sentence of fine set aside. [Sentence). Muhammad Bashir v. The State P L D 1982 S C 139 rel. JUDGMENT ASLAM RIAZ HUSSAIN, J. Nazar Muhammad petitioner was tried alongwith 7 others by Additional Sessions Judge, Multan, for offence. under sections 148 and 302/307(149, P.P.C. for the murder of Khadi Hussain, and causing injuries to some of the P.Ws. The learned Trial Judge convicted the petitioner under section 302, P.P.C. and sentenced it; to death and also to a fine of Rs. 5,000. The others were convicted under section 325/149, P.P.C. and sentenced them to 3 years' R.I. each. All them filed appeal before the High Court which vide its judgment dated I G December, 1982 dismissed the appeal. The conviction of Nazar Muhammad (petitioner herein) was maintained and his sentence of dean was confirmed. As regards the remaining accused, the High Court also maintained their conviction but reduced their sentence under section 32.4 149, P.P.C. to those that already undergone by them. Feeling aggrieved Nazar Muhammad petitioner has filed the present petition for Leave to Appeal. 2. It may be mentioned that the F.I.R. in this case was lodged by Lal Muhammad (P.W. 9), who is the real uncle as well as father in law of the deceased. When the case came up for hearing before this Court or 31st January, 1983, Mr. Mehdi Khan Mehtab, Advocate appeared on behalf of Lal Muhammad, complainant, and presented an application by Lal Muhammad as well as Ghulam Qadir, the real father of the deceased, to the effect that the parties had compromised the matter and that the heirs of the deceased had accepted…

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