2004 P Cr (PLP)
PHOOLAN BIBI — Appellant Versus ALAU-UD-DIN and 11 others — Respondents
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | PHOOLAN BIBI — Appellant Versus ALAU-UD-DIN and 11 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (PHOOLAN BIBI — Appellant Versus ALAU-UD-DIN and 11 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 302/324/506/186/148/149
Criminal Procedure Code (V of 1898), Ss.497, 345 & 417(2-A)
Appeal against acquittal on the basis of compromise
Names of the legal heirs of the deceased were mentioned in the impugned judgment who during the course of hearing of a bail petition settled Diyat amount of Rs.3,00,000 which was paid to them and then they had waived their right of Qisas and got recorded their statements before the Trial Court to the effect that they had effected compromise with the accused, who were consequently enlarged on bail-- Legal heirs of the deceased after .having effected compromise and received the Diyat amount could not be allowed to withdraw from the compromise
Trial Court had rightly acquitted the accused on the statements regarding compromise of the legal heirs of the deceased recorded during bail proceedings
Appeal against acquittal of accused was dismissed in limine accordingly.
Judgment & Decree
Respondents Nos.1 to 11 vide impugned judgment, dated 26-2-2004 were acquitted by learned Addl. Sessions Judge, Sheikhupura, on the basis of compromise having been effected between the legal heirs of the deceased in case F.I.R. No.357, dated 13-1-2000 under sections 302, 324, 506, 186, 148, 149, P.P.C. registered at Police Station Shahkot District Sheikhupura. Feeling aggrieved by the respondents' acquittal the appellant who is father (sic) of the deceased had filed this appeal.
2. We have heard the appellant's counsel who has mainly argued that the learned trial Court while allowing the respondents' application for acquittal on the basis of compromise did not record the statements of the legal heirs of Taj Din-deceased to the effect that they had effected compromise with the respondents and as such the order of acquittal has been passed on illegal premises and is not sustainable.
3. The impugned judgment reveals the names of legal heirs of Taj Din deceased. During the course of hearing of a bail-petition all the legal heirs settled Diyat amount of Rs.3,00,000 which was paid to them and then they waived their right of Qisas and got recorded their statements before learned Addl. Sessions Judge Sheikhupura on 13-1-2001 to the effect that they had effected compromise with the respondents and consequently they were enlarged on bail. The legal heirs of the deceased after having effected compromise and receiving Diyat amount cannot be allowed to withdraw from the compromise, therefore, the learned trial Court had rightly recorded the respondents' acquittal on the statements regarding compromise of legal heirs of the deceased recorded on 13-1-2001 during bail proceedings. The appeal is dismissed in limine. N.H.Q./P-43/L Appeal dismissed.