Law:

Section:

(a) Penal Code (XLV of 1860)------Ss. 302 & 308---Constitution of Pakistan (1973), Art. 185(3)' -Leave to appeal was granted by Supreme Court to consider whether charge against accused could be altered from S. 302, P.P.C. to S. 308, P.P.C. (b) Penal Code (XLV of 1860)--Ss. 308, 306, 307(c) & 302---Applicability of S. 308, P.P.C.---Section 308, P.P.C. can only be invoked when accused is found to be guilty of Qatl-i-Amd but he is not liable to Qisas under S. 306, P.P.C. or the Qisas is not enforceable under cl. (c) of S. 307, P.P.C.---Section 308, P.P.C., even if applicable, cannot be applied until first the accused is found guilty of Qatl-e-Amd, under S.30%P.P.C.---Provisions of S. 308, P.P.C. are to apply through their own force when the case falls under the provisions of S. 306, P.P.C,, or S. 307(c) P.P.C., which are to be read together with S. 302, P.P.C, and not in isolation. (c) Penal Code (XLV of 1860)-- ----Ss. 302 & 308---Application of S.308, P.P.C.---Accused must first be charged for Qatl-e-Amd under S. 302, P.P.C. and only when such charge 118`i been established, provisions of S. 308, P.P.C. could be applied to the case' Sessions Court had substituted the charge framed under S. 302, P.P.C. with that under S. 308, P.P.C., which was not warranted by law---Case was, consequently, remanded to Sessions Court for taking further action in accordance with law. Ejaz Anwar, Advocate Supreme Court for Appellant. Altaf Ilahi Sheikh, Deputy Attorney-General for the State. Muhammad Munir Peracha, Advocate Supreme Court for Respondents Nos.2 and 3. Date of hearing: 21st May, 1998. JUDGMENT MAMOON KAZI, J.---Facts of the case are that respondents Nos. 2 and 3 were facing charges under section 302/34, P.P.C., before the Additional Sessions Judge, Bhakkar. It has been alleged that they have caused death of Mst. Samina Bibi. F.I.R. in respect of the incident was lodged on 4-12-1991. Although, the said respondents, who are the mother and the sister respectively of the deceased, had relinquished their right to Qisas but the petitioner, who is the husband of the deceased, did not do the same. An application was, however, moved on behalf of the said respondents…

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