2005 PLP 458 (MLD)
MUHAMMAD SIDDIQ‑‑‑Appellants Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 458 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Afzal Soomro, J |
| Parties | MUHAMMAD SIDDIQ‑‑‑Appellants Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 458 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 458 (MLD)?
The case was heard and decided by the Karachi bench comprising: Muhammad Afzal Soomro, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 458 (MLD) (MUHAMMAD SIDDIQ‑‑‑Appellants Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mehmood A. Qureshi for Appellant No. 1.
- Nemo for Appellant No.2.
- Date of hearing: 10th September, 2004.
Headnotes / Summary
‑‑‑‑Ss.345‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Compromise‑‑ Compromise between accused and legal heirs of deceased‑‑‑Compromise was arrived at between accused and brother and daughter of deceased during pendency of appeal‑‑‑State counsel had raised no objection to the compromise arrived at between the parties‑‑‑Appeal against conviction and sentence awarded to accused by Trial Court, was accepted in terms of compromise and accused were acquitted and released, accordingly. Muhammad Hanif v. The State 1993 PCr.LJ 166 ref. Habibur Rasheed for State.
Judgment & Decree
Habibur Rasheed for State. Date of hearing: 10th September, 2004. Appellant, Mst. Farzana in Criminal Appeal No.360 of 2002, and appellant, Muhammad Siddique in Criminal Appeal No.363 of 2002, were tried by the learned 1st Addl. Sessions Judge Karachi Central in Sessions Case No.310 of 1994 (State v. Muhammad Siddique and Mst. Farzana) for offence under section 302/34, P.P.C. and were convicted under section 302, P.P.C. and sentenced to undergo life imprisonment together with the benefit of section 382‑B, Cr.P.C. vide judgment dated 28‑10‑2002. The appellants, in both the appeals have challenged their above‑referred conviction and sentence. These appeals were admitted to regular hearing by this Court on 21‑11‑2002. During the pendency of these appeals, appellants have moved applications being under sections 345(2), 345(6) and 345(4), Cr.P.C. respectively, (M.As Nos.689, 690 and 2680 of 2004 in Criminal Appeal No.360 of 2001 and M.As. Nos.686, 687 and 2681 of 2004 in Criminal Appeal No.363 of 2002), duly supported with the affidavits of complainant, Sonia Shaukat, brother and daughter of the deceased, respectively, along with Pro forma for Effecting Compromise under Qisas and Diyat Ordinance, whereby following prayers have been made on the ground that the legal heirs of deceased have forgiven the above named accused persons in the name of Almighty Allah:‑‑ (i) Permission to enter into compromise; (ii) Acceptance of compromise; (iii) Permission to Mst. Sonia to compromise the above matter on behalf of the minor legal heirs of the deceased as Wali, being their real sister. I have heard and considered the arguments of the learned counsel for the appellants as well as the learned counsel appearing for the State who has raised no objection to the grant of all these applications. Upon a query whether the real sister of the minor legal heirs can entered into compromise, learned counsel for the appellants relied upon the case of Muhammad Hanif v. The State (1993 PCr.LJ 166). I have gone through the case‑law, cited at the bar, perused the record and aim of the considered view that these applications merit to be allowed. Resultantly, the appeals are allowed in terms of compromise. The appellants are acquitted and shall be released forthwith if not required in any other case. Cr. Appeals Nos.360 and 363 of 2004 stand disposed of along with listed applications. H.B.T./M‑170/K Appeals allowed.