Law:

Section:

Penal Code (XLV of 1860)--Ss. 302, 309 & 311---Criminal Procedure Code (V of 1898), S.345---Constitution of .Pakistan (1973), Art.185(3)---Compromise---Parties having entered into a compromise, legal heirs of the deceased had made statements to this effect in the Court---Right of Qisas had been waived against the accused am no reason was available to reject the compromise---Where the accused had earlier committed murder of the sister of the deceased in the case and was acquitted of the charge in that case also on the basis of compromise, the principle of "Fasad-fil-arz" was fully attracted in the case---Compromise was consequently accepted but the accused, in the circumstances, was convicted by way of "Tazir" under S. 311, P.P.C. and sentenced to 14 years' R.I. with benefit of S.382-B, Cr.P.C. Mian Sher Alam, Senior Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 17th March, 1996. JUDGMENT SAIDUZZAMAN SIDDIQUI, J. ---In the above Jail Petition the parties have filed a compromise stating that the legal heirs of the deceased Mst Amiran Bibi have forgiven the accused petitioner in the case and they pray that in viem of the terms of compromise, the death punishment awarded to the petitioner be set aside and he may be set at liberty. On 11-2-1996 when this case came up for hearing, the Court directed issuance of notice to all the legal heirs of the deceased to appear on 17-3-1996 so that it may be ascertained whether the compromise between the parties is genuine and voluntary. Mst. Amiran Bibi, deceased, is survived by the following legal heirs:-- (1) Sajwar Khan s/o…

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