Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

  Penal Code (XLV of 1860)--   ---S.302 read with S.34--Constitution of Pakistan (1973), Art.185(3)-­Compromise--Parties who were closely related to each other reaching a compromise out of Court with a view to live peacefully in future-­Supreme Court, after having gone through the compromise deed and questioning the heirs of deceased, satisfied that the terms of compromise were such as would be conducive to a peaceful co-existence of parties in future--Compromise, in peculiar circumstances of the case, considered to be an extenuating circumstance entitling accused, sentenced to death, to a lesser penalty under S.302, P.P.C. and his sentence accordingly reduced to that of imprisonment for life--Appeal of remaining accused dismissed and their conviction and sentences of life imprisonment maintained. ORDER ASLAM RIAZ HUSSAIN, ACTG. C.J.--The facts giving rise to this petition for leave to appeal are briefly that Abdul Rashid, Mohammad Shafique, Mohammad Rafique and Mohammad Latif were tried for the murder of Allah Ditta son of Mst.Salim Bibi complainant. Vide its judgment dated 19th January, 1984 the trial Court convicted all of them under sections 302/34, P.P.C., and sentenced Abdul Rashid, Mohammad Shafique and Mohammad Rafique petitioners to death; and Mohammad Latif petitioner to imprisonment for life. They were also sentenced to fine of Rs.2,000 each under the aforesaid section. Mohammad Rafique petitioner was also sentenced to one years R.I. under section 452, P.P.C. They filed an appeal before the Lahore High Court, Lahore which vide the impugned judgment dated 11th April, 1987 maintained the conviction of all the accused petitioners; confirmed the sentence of death awarded to Abdul Rashid petitioner, but reduced the sentence of Mohammad Shafique and Mohammad Rafique from death to that of imprisonment for life. It however maintained their sentence of fine and also maintained the conviction and sentence of Mohammad Latif petitioner. The conviction and sentence awarded to Mohammad Rafique petitioner under section 452, P.P.C.…

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