2005 PLP 1276 (MLD)
Haji RIAZ AHMAD and others — Appellants Versus THE STATE — Respondent
| Citation | 2005 PLP 1276 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Haji RIAZ AHMAD and others — Appellants Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2005 PLP 1276 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1276 (MLD)?
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: 2005 PLP 1276 (MLD) (Haji RIAZ AHMAD and others — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mumtaz Mustafa, Advocate.
- Abdul Rasheed Rashid, Advocate.
- Saleem-ud-Din Aftab, Advocate.
- Tariq Mehmood, Advocate.
Headnotes / Summary
Ss. 302 & 310
Criminal Procedure Code (V of 1898), S. 345
Compromise was effected between legal representatives/walis of deceased and accused whereby legal representatives of deceased had waived their right of Qisas against all accused
Said compromise was duly verified by Sessions Judge
Legal heirs of deceased appeared in Court and all of them had verified compromise effected between them and accused
Appeal of accused was accepted and conviction and sentence recorded against him was set aside accordingly in view of statement of legal heirs of deceased and verification of compromise by the Sessions Judge.
Judgment & Decree
This order will dispose of Criminal Appeals Nos.161, 154, 159, 196 of 2002 and Murder Reference No.45 of 2002.
2. On receipt of the C.M. 1163 of 2002 for acquittal of the accused/appellants the same was sent to the learned Sessions Judge Rahimyar Khan for verification of the legal heirs of the deceased and authenticity of the compromise effected between the L. Rs./Walis of the deceased and the appellants. 2-A. After recording the statement of the L.Rs. of the deceased including the minor daughters, the learned Sessions Judge has reported that all the L. Rs. have waived their right of. Qisas against all the accused appellants and injured Saeed Ahmad. On receipt of the report from the Sessions Judge, the legal heirs of deceased namely Mst. Budhan Mai, Mst. Nusrat Parveen, Fiaz Ahmad, Mst. Zohran Mai and Saeed injured summoned in this Court and their statements were recorded on 4-11-2002. The statement of Riaz Ahmad son of Ghulam Qadir brother of the deceased has been recorded today separately. They all have verified the compromise effected between them and the appellants/accused. The appellants have furnished two Saving Certificates in the name of Muslim Commercial Bank of Rs.72,500 each which has been placed on record in a sealed envelope duly signed by this Court.
3. In view of the statement of the legal heirs of deceased and verification made by the learned Sessions Judge, this application is accepted. As a result of which, these criminal appeals are accepted. The conviction/sentence of the appellants passed by the 'learned trial Court dated 29-5-2002 is set aside. The Murder Reference No.45 is also answered in negative. The appellants are acquitted from the charge and they be released forthwith if not required in any other criminal case. The Saving Certificates which were placed on the file of this Court shall be handed over to the mother of the minors on her application who shall keep with her till the age of majority of the minors. H.B.T./R-137/L Appeals accepted.