Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(a), (b), 304, 309(1)(2) & 310(l) --- Qatl-i-Amd --- Punishment of death as Qisas---Essentials---Proof, liability or Afw or compounding of Qisas (Sulah) in Qatl-i-Amd--- Principles--- Applicability of Ss.309(1)(2) & 310(1), P.P.C.---Scope-- Death sentence as Qisas can only be awarded when the proof of Qatl-i-Amd liable to Qisas as prescribed under S.304, P.P.C. is available---Where either of the forms of proof as prescribed in Ss.302(a), (b), 304, 309(1)(2) & 310, P.P.C. was not available in the case because neither the accused confessed his guilt nor evidence as required under Art. 17, Qanun-e-Shahadat, 1984 was available, punishment of death as Qisas under S.302(a), P.P.C. could not be awarded---Provisions of Ss.309(1)(2) & 310(1), P.P.C. would apply to the cases where punishment had been recorded as Qisas and not as Ta'zir as such the Afw of Qisas and compounding of Qisas in case of Qatl-i-Amd would apply only to the case where conviction and sentence had been recorded under S.302(a), P.P.C. and not to the case where conviction and sentence had been recorded as Ta'zir under S.302(b), P.P.C.---Offender having been punished under Ta'zir, provision of Ss.309 & 310, P.P.C. would not be applicable---Where the accused had been awarded sentence for murder as Ta'zir and not as Qisas, one of the legal heirs could not waive his right of Qisas, compromise the offence or accept Badl-i-Sulh. Sh. Muhammad Aslam and another v. Shaukat Ali alias Shauka and others 1997 SCMR 1307 and Manzoor and others v. The State and others 1992 SCMR 2037 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 345(2) [as amended by Criminal Law (Amendment) Act (II of 1997), S.14]---Penal Code (XLV of 1860), Ss.309(2) & 302(b)---Compounding of offences---Scope---Death sentence awarded for murder as Ta'zir can be compounded by all the legal heirs of the deceased with the permission of the Court concerned---Where in a case only one of the legal heirs of the deceased had compromised with the accused and the rest of the heirs had been opposing the compromise, punishment awarded under S.302(b), P.P.C. could neither be compounded…

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