Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 307-O & 308---Diyat amount---Entitlement of grandfather of deceased to share of Diyat amount---Father had committed murder of his Minor daughter aged about four years and was found guilty under S.302(b), P.P.C.---Conviction of accused was altered to S.308, P.P.C. and he was sentenced to twelve years' R.I. and was also directed to pay Diyat amount to heirs of deceased, excluding accused who had murdered deceased---Diyat amount having been deposited by brother of accused, father of accused filed application before the Trial Court for payment of Diyat amount to extent of 2/3rd share to him as according to him he was entitled to the same---At the time of direction to accused/father of deceased to pay Diyat amount to legal heirs of deceased, accused was specifically excluded to receive share from Diyat amount, which would mean that Diyat amount was to be paid to other existing legal heirs and as mother of deceased remained the only legal heir in absence of accused father of deceased, she was entitled to receive whole amount of Diyat---Father of accused, otherwise was not entitled to legacy of deceased in ordinary course as father of deceased being alive, would have excluded grandfather of deceased from inheritance---Murderer or any person claiming through him would not be entitled or succeed to the estate of victim in view of principles of justice, equity and good conscience---Section 307-O, P.P.C., was applicable only in the cases of hurt and not for Qatl-e-Amd---Grandfather of deceased having claimed inheritance through his murderer son, would not be entitled to the Diyat amount, because he could succeed to 2/3rd share in Diyat in absence of his son, whereas his murderer son was alive as he was not awarded death sentence, but was awarded twelve years' R.I. imprisonment of Tazir---Application of grandfather of deceased for grant of 2/3rd share of Diyat amount, was rightly dismissed by the Trial Court, in circumstances. AIR 1924 PC 209; AIR 1940 Lah. 172 and PLD 1964 (W.P.) Lah. 451 ref. JUDGMENT AKHTAR ZAMAN MALGHANI, J.---This Revision Petition is directed against the order dated 17-5-2005 passed by Sessions Judge,…

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