Law: Penal Code (XLV of 1860)

Section: 302/311/34

Law: Criminal Procedure Code (V of 1898)

Section: 345

Penal Code (XLV of 1860)----   ----Ss. 302/311/34---Criminal Procedure Code (V of 1898), S.345---Appreciation of evidence---Sentence, reduction in---Compounding of offence---All legal heirs of deceased except his mother had compounded the offence with the accused and had waived their right of Qisas and Diyat---Compromise was accepted and conviction under S.311, P.P.C. was recorded with order to pay 1/6th share of Diyat amount to mother of deceased and accused was also sentenced to 14 years R.I. on the ground that accused was a hardened and habitual offender---Accused had not challenged conviction recorded against him, but had prayed that his sentence be reduced adequately---Conviction recorded against the accused by Trial Court could not be interfered with---Most of the legal heirs of deceased except his mother having patched up with accused and had forgiven him by waiving their right of Qisas and Diyat, maintaining conviction and sentence of 1/6th share of Diyat amount, substantive sentence of 14 .years R.I : awarded to the accused was reduced to 10 years R.I. which would meet the ends of justice.   Ahmad Arslan for Appellant (at State expenses)   Bashir Ahmad Gill for the State.   Date of hearing: 28th October, 2002. JUDGMENT Mukhtar Ahmad alias Mukhoo son of Muhammad Khan was tried by learned Additional Sessions Judge, Bhalwal, District Sargodha, in case F.I.R. (Exh.P.K.) No.212 dated 28-10-1998 under section 302/34, P.P.C. registered at Police Station Phularwan, at the instance of Mitha Khan P. W.10 and vide impugned judgment dated 24-9-2001, he was convicted under section 311, P.P.C. and was sentenced to 14 years R.I. for the-murder of Muhammad Nawaz. He was also ordered to pay 1/6th share of the Diyat amount to the mother of the deceased Mst. Ghulam Bevi, with benefit of section 382-B, Cr.P.C. Through the same judgment Muhammad Riaz co-accused was acquitted of the charge. The brief facts of the prosecution case are that on 28-10-1998 at 9/10 a.m., the complainant alongwith his brother Muhammad Nawaz, nephew Ghalib Hussain and Khizar Hayat P.Ws. were sitting in courtyard of Muhammad Nawaz deceased and door. of the house was opened.…

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