Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(a)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether lesser sentence in such-like case could be awarded, when case under Hudood Ordinance was got registered against deceased and her husband but they were acquitted upto the level of Shariat Appellate Bench of Supreme Court, therefore, it was a sufficient proof of the -Petitioner/complainant and deceased being husband and wife, in such circumstances the ground of sudden provocation or family honour would not arise at all. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 304---Qatl-i-Amd---Punishment---Principles---Qatl-i-Amd is punishable with death as Qisas if proof in either of the forms specified in S.304 P.P.C. is available---In absence of such proof Qatl-i-Amd can be visited with punishment of death or imprisonment for life as Tazir under S.302(b), P.P.C. having regard to the facts and circumstances of the case. (c) Penal Code (XLV of 1860)--- ----Ss. 304 & 309---Right of Qisas, waiver of---Principles---Adult sane Wali, under S.309, P.P.C. can waive his right of Qisas even without compensation but only if proof in terms of S.304 P.P.C. (for Qisas) is available against accused. (d) Penal Code (XLV of 1860)--- ----Ss. 302(b), 309 & 338(E)---Criminal Procedure Code (V of 1898), S.345---Qatl-i-Amd---Punishment as Tazir---Compounding of offence--Principles-Conviction/sentence under Tazir can be compounded only if all heirs forgive the offender and relevant provisions for compounding such offences are S.338 (E), P.P.C. read with S.345, Cr.P.C. and not S.309, P.P.C. (e) Penal Code (XLV of 1860)--- ----Ss. 302 (b) (c), 309 & 338(E)---Reappraisal of evidence---Qatl-i­-Amd---Punishment as Tazir---Grave and sudden provocation, principle of---Applicability---Partial compromise---Effect---Complainant and his wife contracted marriage against the wishes of the family of his wife---Both accused armed with guns in a broad-daylight, chased the victims who tried to take refuge in a nearby hotel but accused broke open the door and made repeated fires, as a result complainant was injured and his wife was…

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