Law: Penal Code (XLV of 1860)

Section: 304,452,34

  Penal Code (XLV of 1860)--   ---Ss.304, 452 34--Culpable homicide--House-trespass--Compro­mise--Contentions of complainant petitioners counsel (i) that the compromise in writing submitted by estranged husband of deceased was no compromise as he had no authority to compromise on behalf of all the heirs of deceased; (ii) that the conditions laid down by Supreme Court for compromise in P L D 1982 S C 139 were not satisfied and (iii) that in any case, only the sentence could be reduced on ground of compromise but entire sentence could not be set aside as done by High Court--Questions raised requiring examination, leave to appeal granted.   Muhammad Bashir v. The State P L D 1982 S C 139 ref.   ORDER MUHAMMAD AFZAL ZULLAH J.--Leave to appeal has been sought by a complainant in a murder case against Judgment dated 13-5-1985 of the Lahore High Court- whereby sentences of respondents Nos. 1 to 3 under sections 304/34 and 452/34, P.P.C. were set aside--Respondent No.4 had earlier been acquitted by the trial Court 2.The prosecution case, as summed up in this petition, is as follows: - A dispute arose between the petitioner and the accused/ respondents about the drainage water of the latter into the gutter of the petitioner/ complainant. The accused/ respondents assaulted the petitioner, entering into her Kitchen where her daughter Mumtaz Bibi who had pregnancy of advanced stage rescued her. The respondent No.1 raised Lalkara to the effect that Mumtaz Bibi should not also be spared whereupon the respondents Nos.2 to 4 attacked Mumtaz Bibi deceased, beat her with their fists, Shamshad Bibi respondent gave a blow of brick-bat at the chin of deceased Mumtaz Bibi which also hit her at her abdomen, Irshad Bibi respondent gave a leg blow at the abdomen of Mumtaz Bibi deceased who fell on the ground and succumbed to the injuries at the spot. 3. The defence plea raised by Mst. Sarwar Bibi, respondent, is reproduced below:- My house is opposite to the house of Mst. Sughran Bibi complainant in the same lane. For the last more than 16 years the waste water of my house has been falling in a public Gutter located close to the door of the house of Mst. Sughran…

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