Law: Constitution of Pakistan 1973

Section: 188

Law: Pakistan Penal Code (XLV of 1860)

Section: 3O2,309,310 & 338-E(2)

Law: Criminal Procedure Code (V of 1898)

Section: 345

(a) Constitution of Pakistan (1973)----- Art. 188 --- Penal--.Code (XLV of 1860), Ss3O2 & 338-E(2) --- Criminal Procedure Code (V of 1898), S.345 --- Compromise --- Review --- Adult legal heirs of the deceased had waived right of Qisas without any compensation and the share amount of minor legal heirs had been deposited in the Bank in their account --- Review application, however, was incompetent and misconceived as review of the order passed on merits was not possible on the basis of a compromise arrived at between the parties after the disposal of the petition for leave to appeal and expiry of the limitation for filing the review application and the same was dismissed being misconceived and barred the time --- Accused, however, could approach the Trial Court in that regard under S338-E(2), P.P.C. if -so advised.(b) Constitution of Pakistan (1973)----- Art. 188 --- Review---Review of an order in criminal proceedings is possible only when an error is apparent on the face of the record and on no other ground.(c) Penal Code (XLV of 1860)------ Ss. 309,310 & 338-E --- Waiver or compounding of offences --- Guidelines for subordinate Courts detailed. With regard to waiver or compounding of offences Supreme Court laid down following guidelines for subordinate Courts and the citizens:(i) in case of Qatl-e-Amd, if the right of Qisas is waiver without any compensation, or compromise is arrived at between the parties Lt. accused and the adult legal heirs of the deceased, during the pendency of trial, the application for permission to compound the offence shall be made before the trial Court who shall determine all questions relating to waiver of compounding of an offence or awarding punishment under section 310, P.P.C.(ii) In case of Qatl-e-Amd, if the right of Qisas is waived without any compensation or the legal heirs of the deceased compound their right of Qisas within the meanings of sections 309 and 310 P.P.C., during the pendency of appeal, applications for permission to compound the offence shall be made before the Appellate Court, who shall determine all questions relating to waiver or compounding of an offence or awarding punishment under section 310,…