| Citation(s) |
|---|
| 1996 SLG 1176 1996 SLD 1176 1996 SCMR 523 |
Supreme Court of Pakistan
Criminal Petitions Nos. 54-P, 44-P and 45-P and (Criminal Petition 54-P of 1992 converted into appeal), decision dated: 6-12-1993
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD KHAN, JJ
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Criminal Petitions Nos. 54-P, 44-P and 45-P and (Criminal Petition 54-P of 1992 converted into appeal), decision dated: 6-12-1993
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD KHAN, JJ
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KHALID ZAMAN and others
THE STATE and others
Law:
Section:
Penal Code (XLV of 1860)--S.304, Part I---Criminal Procedure Code (V of 1898), S. 345---Constitution of Pakistan (1973), Art. 185(3)---Compromise---Heirs of the deceased had patched up the matter with the accused and received the Diyat amount--Compromise was found-to be genuine and was accepted---Petition for leave to appeal was converted into appeal and the accused was acquitted in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J.---Khalid Zaman, petitioner herein, seeks leave to appeal against the judgment dated 29-6-1992 passed by a learned Division Bench of the Peshawar High Court, whereby Criminal Appeal No.85/91 against his conviction and sentence under section 302, P.P.C. for committing murder of one Matiur Rehman, vide judgment of the Sessions Judge, Charsadda dated 11-6-1991, for imprisonment for life and fine of Rs.15,000 was modified, the conviction under section 302, P.P.C. was converted to under section 304, Part I, P.P.C. and sentence reduced to ten years' R.I. and fine of Rs.15,000 or in default two years' R.I. and also to pay a sum of Rs.15,000 as compensation to the heirs of the deceased under section 544-A, Cr.P.C. or to suffer six months R.I. The petitioner has effected compromise with the heirs of the deceased and submitted compromise pro forma alongwith the necessary affidavits which were scrutinize through chamber…
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