Law: Pakistan Penal Code, 1860

Section: 302(c),305,309,310,396,455

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

Law: Criminal Procedure Code (V of 1898)

Section: 345

Penal Code (XLV of 1860)--- ----Ss. 302(c), 305, 309, 310, 396 & 455---Criminal Procedure Code (V of 1898), S.345--Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Right to waive or compound the offence of murder ---Qisas and Tazir---`Wali', determination of---Right to waive or compound the offence of murder under S.309 or S.310, P.P.C., was vested in the heirs/wali of deceased---Qatl-e-Amad was compoundable by the heirs of victim under S.345, Cr.P.C.---`Wali' of the victim in the present case, were parents of victim who had challenged decision of the Trial Court before Shariat Court---Government/State, could be the `Wali' only if there was no heir---Only party necessary in the present case was `Wali' of deceased, not the State which had been impleaded in the case---Contention of counsel for accused/appellants that sentence passed against accused was not of `Qisas' but of `Tazir', in case of `Tazir' State alone was the party not the heirs of the victim, was repelled for the reason; that case was of `Qatl-e-Amad' liable to `Qisas' irrespective of the fact whether sentence of Qisas was passed or not; it was the nature of the case, not sentence, which was of the essence---`Walayat' in the case of murder, was vested in the heirs of deceased by law whatever sentence was passed by the Court---Government or the State, did not matter in the case where the heirs of deceased or victim were given the right to compound or waive. The State v. Khizer Hayat and others PLD 1991 AJ&K 76, Abdul Karim and 6 others v. Tahir-ur-Rehman 1990 PSC 735; Sardar Muhammad Khan v. Muhammad Afsar Khan and 3 others 1991 PCr.LJ 508; Syed Kanchan Ali v. Shahjahan and others PLD 1962 Dacca 192; Abdul Khaliq Khan v. Muhammad Afsar Khan and 4 others 1995 PCr.LJ 391; Azad Government of State of Jammu and Kashmir v. Sarfraz Alam and others 1997 MLD 383; Ch. Ajaib Hussain and another v. Mst. Zareen Akhtar and 11 others 1999 YLR 1426; Referring Authority/Chief Secretary, Azad Government of the State of Jammu and Kashmir v. Sardar Sikandar Hayat Khan PLD 1982 SC (AJK) 112; Zamin Shah v. The State 1987 SCMR 1853; Exon Corporation and Esso Inc. v. Syed Nisar Ahmed Jafry and…

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