Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302/34 & 309---Criminal Procedure Code (V of 1898), S.345--­Compromise ---Accused had been convicted and sentenced by the Trial Court as Ta'zir---One of the sons of the deceased alone had compromised with the accused foregoing his right of Qisas and without any compensation, whereas the widow of the deceased and other legal heirs who were major had denied having entered into any compromise with the accused---Sessions Court, in circumstances, while acting in accordance with law had rightly dismissed the application of accused for setting aside their death sentence and imposing alternate sentence---Revision petition was dismissed accordingly. Federation of Pakistan v. Gull Hassan Khan PLD 1989 SC 633; Sh. Muhammad Aslam and another v. Shaukat Ali alias Shauka and others 1997 SCMR 1307; Muhammad Arshad alias Pappu v. Additional Sessions Judge, Lahore and 3 others PLD 2003 SC 547; Muhammad Saleem v. The State PLD 2003 SC 512 and Safdar Ali and others v. State and another PLD 1991 SC 202 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 309 & 302/34---Criminal Procedure Code (V of 1898), S.345--­Compromise--Where punishment has been imposed on the accused by way of Ta'zir, the matter can be compromised only in terms of S.345, Cr.P.C. i.e. when all the heirs/Walis of the deceased had entered into compromise. Federation of Pakistan v. Gull Hassan Khan PLD 1989 SC 633; Sh. Muhammad Aslam and another v. Shaukat Ali alias Shauka and others 1997 SCMR 1307; Muhammad Arshad alias Pappu v. Additional Sessions Judge, Lahore and 3 others 2003 PLD SC 547; Muhammad Saleem v. The State PLD 2003 SC 512 and Safdar Ali and others v. State arid another PLD 1991 SC 202 ref. JUDGMENT MAULVI ANWARUL HAQ, J.--- The petitioners, namely, Sikandar Hayat and Jamshed Ali son of Muhammad Nawaz were accused of committing murder of Habib-ur-Rehman son of Fazal Ellahi on 19-7-1993 vide F.I.R. No.247, dated 20-7-1993, under section 302/34, P.P.C. at Police Station City Jhelum. They were tried by learned Sessions Judge Jhelum, who vide judgment dated 4-9-1995 found them guilty and convicted them under the said provisions of law and sentenced them to death…

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