Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302/34, 309 & 311---Criminal Procedure Code (V of 1898), S.544-A---Conviction under Tazir after compounding of offence---Conduct of accused---Enhancement of compensation---First case registered against the accused was regarding abduction of daughter of the deceased---Accused after release on bail again tried to abduct the daughter of the deceased and then injured wife of the deceased---Two more cases were registered, against the accused---Deceased was pursuing the cases against the accused and had refused to effect compromise in the cases with the accused---Accused on refusal of the deceased, committed his murder---Trial Court awarded death sentence to the accused and High Court maintained the same---During the proceedings before Supreme Court, legal heirs of the deceased compromised the matter out of the Court and they waived their right of Diyat---State did not have any objection to the compromise but contended that the offence was committed in a shocking manner, therefore, jurisdiction was required to be exercised under S.311, P.P.C.---Validity---Supreme Court after verification accepted the compromise effected between the legal heirs of the deceased and the accused---Supreme Court, in exercise of jurisdiction under S.311, P.P.C. keeping in view the facts and circumstances of the case and manner in which the offence was committed by the accused, convicted the accused and sentenced him to 14 years of imprisonment---Compensation to the legal heirs, under S.544-A, Cr.P.C. was enhanced from Rs.70,000 to Rs.2,50,000---Supreme Court directed that the amount of compensation would be recovered from the accused before his release-- -Conviction awarded by the Trial Court and confirmed by the High Court was also modified---Petition for leave to appeal was converted into appeal and same was disposed of accordingly. ORDER IFTIKHAR MUHAMAMD CHAUDHRY, J.---This petition for leave to appeal has been fild against the 'judgment, dated 17th October, 2000 passed by Lahore High Court, Lahore whereby death sentence awarded to petitioner under section 302, P.P.C. has been confirmed. 2. precisely stating facts of the case are that petitioner…

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