| Citation(s) |
|---|
| 2002 SLG 3125 2002 SLD 3125 2002 PLD 42 |
Islamabad High Court
Criminal Appeals Nos. 386 of 2000, 4 and 8 of 2001, Dated: 18th October, 2001, heard on: 9th October, 2001
AMAN UL ALLAH KHAN, JUSTICE AND AHMAD KHAN LASHARI, JUSTICE
Muhammad Salahuddin Mengal for Appellant (in Criminal Appeal No.386 of 2000). Akhtar Zaman, Addl.A.G. and Nasarullah Khan Azakzai for the Complainant (in Criminal Appeal No.386 of 2000). Habib Jalib for Appellant (in Criminal Appeal No.4 of 2001). Haji
Criminal Appeals Nos. 386 of 2000, 4 and 8 of 2001, Dated: 18th October, 2001, heard on: 9th October, 2001
AMAN UL ALLAH KHAN, JUSTICE AND AHMAD KHAN LASHARI, JUSTICE
Muhammad Salahuddin Mengal for Appellant (in Criminal Appeal No.386 of 2000). Akhtar Zaman, Addl.A.G. and Nasarullah Khan Azakzai for the Complainant (in Criminal Appeal No.386 of 2000). Habib Jalib for Appellant (in Criminal Appeal No.4 of 2001). Haji
NASRUDDIN AND others
VS
THE State.
Law:
Section:
(a) Criminal Procedure Code (V of 1898)---.--- ---.--- S. 345(2) & (7)---.---Penal Code (XLV of 1860), S.311---.---Compounding of offence---.---Permission of the Court for compounding of an offence is mandatory and no offence mentioned in subsection (2) of S.345, Cr.P.C. shall be compounded without such permission---.---Where the Court withholds its permission, then it has discretion under 5.311, P.P.C. to impose punishment on the offender under "Tazir" despite the compromise arrived at between the heirs of the deceased and the accused. Muhammad Akbar and another v. The State PLD 1996 Quetta 56 and Muhammad Nazir alias Jeera v. The State PLD 2001 Lah. 212 ref. (b) Penal Code (XLV of 1860)---.--- ---.--- Ss. 302(b), 302(b)/109 & 311---.---Criminal Procedure Code (V of 1898), S.345(2~---.---Compounding of offence---.---No proof regarding illicit relationship between the deceased persons was brought on record and only conspiracy was hatched to get rid of the deceased on the allegation of "Siah Kari" on the pretext of the "Ghairat"---.---Murders of the deceased were committed in a brutal and shocking manner which fell within the ambit of "Fisad fil Arz" as envisaged under 5.311, P. P. C. ---.---Compromise between the legal heirs of the deceased and the accused was accepted but in view of the circumstances the accused were convicted under S.311, P.P.C. to suffer 14 years' R.I. each as "Tazir" with the benefit of S.382.B, Cr.P.C. Muhammad Akbar and another v. The State PLD 1996 Quetta 56 and Muhammad Nazir alias Jeera v. The State PLD 2001 Lah. 212 ref. THIS JUDGMENT DELIVERED BY: AMAN UL ALLAH KHAN, JUSTICE:---.--- Appellants Nooruddin, Nasruddin sons of Abdul Majeed and Haji Raham Dil son of Amir Bakhsh alongwith Muhammad Azeem son of Haji Raham Dil and absconding accused Muhammad Zaman son of Haji Raham Dil were tried by Special Judge, S.T.A., Kalat at Mastung for the murder of deceased Kher Bibi wife of Nasruddin and daughter of Muhammad Azeem and Abdul Sattar son of Zareef Khan. The appellant Muhammad Azeem and Muhammad Zaman were tried in absentia and they were convicted vide judgment dated 12 12 2000 as follows: (i) Muhammad Azeem convicted under…
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