2008 PLP 34 (MLD)
MUHAMMAD SALEEM — Appellant Versus THE STATE — Respondent
| Citation | 2008 PLP 34 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SALEEM — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 34 (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 2008 PLP 34 (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: 2008 PLP 34 (MLD) (MUHAMMAD SALEEM — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 345
Penal Code (XLV of 1860), S.302(b)
Compromise, acceptance of
Legal heirs of the deceased had forgiven the accused in the name of Almighty Allah and had waived their right of Qaisas and Diyat and they had no objection to the acquittal of accused in the case
Compromise between the parties was genuine and was in their best interest which would also advance public policy by shortening litigation and blood feud
Permission to compound the offence was consequently granted and the accused was acquitted of the charge accordingly.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
This judgment will dispose of Criminal Appeal No. 1473 of 2006 filed by Muhammad Saleem appellant. He was convicted and sentenced by learned Sessions Judge, Sialkot vide judgment, dated 5-8-2006 as under:-- Death and to pay compensation to the tune of Rs. two lac under section 302(b), P.P.C. for committing the Qatl-e-Amd of Qadeer. Murder Reference No.582 of 2006 for confirmation or otherwise of death sentence of convict appellant shall also be replied through the single judgment.
2. During pendnecy of the appeal, an application under section 345, Cr.P.C. seeking permission to compound the offence was made. The said petition was sent to learned Sessions Judge for verification of the compromise. The report has been received. According to report, Qadeer Ahmad deceased was a minor child, Muhammad Sajid father and Mst. Rukhsana Bibi mother survived him. Both the legal heirs of the deceased have made statements before the learned Sessions Judge to the effect that they have forgiven the convict appellant in the name of Almighty Allah and have waived their right of qisas and diyat and that they have no objection if the convict is acquitted from the charge of murder of Qadeer Ahmad., In the end of the report, the learned Sessions Judge has shown his satisfaction with regard to genuineness of the compromise. The learned Additional Prosecutor General after going through the report submitted by learned Sessions Judge submits that he has no objection if permission to compound the offence is granted. It being so, we have no hesitation in granting permission to compound the offence as it is in the best interest of warring parties and also advances public policy by shortening litigation and blood feud. Resultantly, C.M. No. 1034/M of 2007 is allowed with the result that conviction and sentence recorded against the appellant by the trial Court vide impugned judgment is set aside and he is acquitted of the charge. The death sentence is NOT confirmed and Murder Reference is answered in the NEGATIVE. Muhammad Saleem appellant is in jail. He shall be released forthwith if not required to `be detained in any other case. N.H.Q./M-518/L Compromise accepted.