Law: Pakistan Penal Code, 1860

Section: 34,109,302,302(b),309,310,449

Law: Criminal Procedure Code (V of 1898)

Section: 345,382B

Penal Code (XLV of 1860)--- ----Ss. 302(b), 309, 310 & 449---Criminal Procedure Code (V of 1898), S.345---Qatl -i-amd and house trespassing---Appre ciation of evidence---Compromise---Main offence of Qatl-i-amd was compoundable and legal heirs of deceased compounded the offence and effected a compromise with the legal heirs of the deceased, who appeared before the Sessions Judge and certified their compromise with accused---Sessions Judge also verified genuineness of compromise between the parties vide his report---In the given circumstances, the principle of merger was applicable, which was to the effect that in case of a compromise between the parties in a criminal case, the minor offence even if not compoundable, would merge into the compoundable major offence---Result would be that after acquittal of accused of the major offence of Qatl-i-amd in terms of compromise the minor offence of house trespass was deemed to have been compounded under the principle of merger---Impugned conviction and sentence of accused on the charge of house trespass, were set aside and he was acquitted of the charge in terms of compromise. THIS JUDGMENT DELIVERED BY: KAZIM ALI MALIK, J.--- Muhammad Ayub, complainant got registered case F.I.R. No. 159, dated 26-7-2003 under sections 302/449, P.P.C. read with sections 109 and 34 of the same Code at Police Station Qila Deedar Singh, Distt. Gujranwala against Imdad Hussain, appellant and three others with an allegation that the assailants trespassed into the house of Umar Farooq and killed him at 8-00 a.m. on 26-7-2003. Feeling dissatis fied with the result of investigation in the above-said State case, Muhammad Ayub complainant filed a private complaint No.281 of 2003. The learned trial Court recorded preliminary evidence and summoned the accused persons to stand trial on the charge of house trespass and murder. Inayat Ullah, accused was murdered during trial. Muhammad Iqbal, accused went underground and was declared as proclaimed offender. In this way only Imdad Hussain, appellant Ehsan Ullah and Muhammad Ishfaq co-accused faced trial out of whom the later mentioned two accused persons were acquitted of the charge. 2. The learned…

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