Law: Penal Code (XLV of 1860)

Section: 302(b)/311

Penal Code (XLV of 1860)---   ----Ss. 302(b)/311---Sentence of Tazir awarded on compromise--¬Validity---Genuineness of compromise between the parties was not doubted, but since the son had killed his father it was found to be a brutal murder---Such finding could only be given after recording evidence in the case which was not done---If all ‘Walies’ had either waived off or had compounded the offence, no punishment as ‘Tazir’ could be awarded---Conviction and sentence of accused were consequently set aside and. he was acquitted of the charge.    Dost Muhammad Khan for Appellant.    Shaukat Hayat Khan Khakwani, Dy. A.-G. for the State.   Date of hearing: 7th June, 2001. JUDGMENT TARIQ PARVEZ KHAN, J.--- Appellant before us namely, Laiq Nawaz, is accused in Crime No. 142, dated 6-7-2000 of Police Station Haved, Bannu.6 The charge against him is that on 6-7-2000 at 8-30 a.m. while armed with kalashnikov, has caused Qatl-e¬-Amd of Muhammad Nawaz deceased by firing at him. Muhammad. Nawaz deceased is father of appellant. The report of the occurrence was made by Dilfaraz, a cousin of the appellant i.e. nephew of the deceased. 2. As the tragic incident took place on a petty matter like land dispute between father and son, therefore, the parties were persuaded to effect compromise which was duly effected and in this respect statements of all the legal heirs were recorded by the learned trial Judge. However, the learned Judge, Special Court despite compromise, but because the appellant is charged for patricide, the learned trial Judge while invoking his power under section 311, P.P.C., convicted the appellant, vide judgment, dated 27-3-2001, holding that the crime falls within the definition of Fasad-fil-Arz. Therefore, accused was held guilty under section 302(b), P.P.C. read with section 311, P.P.C. and has been sentenced to 10 years R.I. 3. The learned counsel for the appellant…

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