Law:

Section:

(a) Penal Code (XLV of 1860)---Ss. 309, 3r0 & 302---Waiver or compounding of Qisas in Qatl-i-¬Amd---Provisions of Ss. 309,. P.P.C. and 310, P.P.C. 'are applicable only in cases of Qisas and not in the cases in which conviction and sentence is awarded as Tazir. Muhammad Aslam v. Shaukat Ali 1997 SCMR 1307 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 345(2)---Penal Code (XLV of 1860), S.302---Compounding of offences---The sentence awarded for murder as Tazir can be compounded by all the legal heirs of the deceased with the permission of the Court in view of the amendment made in S.345(2), Cr.P.C. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 309 & 310---Criminal Procedure Code (V of 1898), 5.345(2)---Constitution of Pakistan (1973), Art. 185(3)---Partial compromise---Accused had been awarded death: sentence under S.302(b), P.P:-C. as Tazir, therefore, he could not be extended the benefit of the provisions of Ss. 309 & 310, P.P.C., even for the purpose of lesser sentence on the ground that one of the Walis of the deceased had forgiven him---Favour extended to the accused of forgiveness by his daughter, one of the Walis of the deceased, could not save him from death penalty---Leave to appeal was refused to accused accordingly. Muhammad Aslam v. Shaukat Ali 1997 SCMR 1307 ref. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred against the order dated 3-2-1999passed by a Di,4ision Bench of Lahore High Court, Multan Bench, in a miscellaneous application under section 561-A, Cr.P.C. moved in Criminal Appeal No.279 of 1989 and Murder Reference No.288 of 1989 under section 561-A, Cr.P.C. The petitioner was tried for the charge under section 302(b), P.P.C. and upon conviction was sentenced to death on two counts by the learned Additional Sessions Judge, Khanewal. In appeal the sentence awarded to the petitioner was confirmed by a Division Bench of Lahore High Court, Multan Bench, vide judgment dated 12-4-1993 and the conviction and sentence of the petitioner was further maintained by this Court in Jail Petition No.182 of 1993 vide order dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492