Law: Constitution of Pakistan, 1973

Section: 185

(a) Penal Code (XLV of 1860)--Ss. 309, 310, 338-H & 338-E [as substituted by Criminal Law (Second Amendment) Ordinance (VII of 1990), S. 4]---Constitution of Pakistan (1973), Art. 185---Compounding of offence---Incident had taken place on the date much before the commencement of Criminal Law (Second Amendment) Ordinance, 1990 which had added Ss. 338-E & 338-H to the Penal Code, 1860---Effect---Petition for leave to appeal on appeal arising out of such cases would fall within the framework of Ss. 309, 310 and 338-E, P.P.C. authorising Supreme Court to entertain/dispose of compromises in criminal cases---Such liberal interpretation of S.338-H, P.P.C. had been adopted in the interest of general public so that majority of them could enjoy benefit of Islamic provisions of criminal administration of justice and by settling their disputes amicably as per Injunctions of Islam and they could bury their differences for future life. Safdar Ali and others v. The State and another PLD 1991 SC 202 fol. (b) Penal Code (XLV of 1860)--- ----Ss. 338-E & 338-H---Compounding of offence---Offences committed before the commencement of Criminal Law (Second Amendment) Ordinance, 1990 could be compounded in view of Ss. 338-E & 338-H, P.P:C. Safdar Ali and others v. The State and another PLD 1991 SC 202 ref. Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellant. Ghulam Muhammad, Advocate Supreme Court for the State. Date of hearing 17th May, 2000. JUDGMENT IFTIKHAR MUHAMMAD. CHAUDHARY, J.---Sher Khan son of Chahat Khan (30 years) has been convicted for the offence under section 302/34, P.P.C. and was sentenced to death and also to pay a fine of Rs.50,000 and in default thereof to further undergo three years' R.I., alongwith co-accused Nazar Hussain Shah who was also convicted and sentenced in the same manner on the same count. Convicts filed criminal appeal in the Lahore High Court Lahore. The learned trial Court i.e. Additional Sessions Judge, Lahore also forwarded Murder Reference No.72 of 1992 to the High Court for confirmation or otherwise of death sentence., 2. Learned High Court in appeal proceedings confirmed…

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