1996 P Cr (PLP)
ARIF and 2 others — Appellants Versus THE STATE — Respondent
| Citation | 1996 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ARIF and 2 others — Appellants Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1996 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 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: 1996 P Cr (PLP) (ARIF and 2 others — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 302/324/34
Criminal Procedure Code (V of 1898), S345-- Compounding of offence
Parties had compromised
Legal heirs of both the deceased had forgiven the accused in the name of Almighty God and to this effect had made statements on oath in the Court
Accepting the compromise appeal was allowed and the accused were acquitted accordingly.
Judgment & Decree
2. Arif convict was sentenced to R.I. for a period of three years and to fine of Rs.2,000 or in default of its payment to further undergo R.I. for a period of six months. He was. directed to pay Rs.1,000 as compensation to Nazeer P.W. or in default of its payment to further undergo simple imprisonment for a period of six months under section 324, P.P.C.
3. Zahoor convict was sentenced to R.I. for a period of three years and a fine of Rs.2,000 or in default of its payment to further undergo R.I. for a period of three months. He was also directed to pay Rs.1,000 as compensation to Bashir and Nazeer P.Ws. or in default of its payment to further undergo simple imprisonment for six months.
4. During the occurrence Haq Nawaz and his son Muhammad Rafique lost their lives. The murderous assault was made upon Bashir and Nazir P.Ws. The parties have compromised. The matter was referred to the Assistant Commissioner, Kabirwala, District Khanewal to determine all the heirs of both the deceased who obtained the report from the Tehsildar, Kabirwala and collected the evidence. He has reported vide his letter No. 1851, dated 23-11-1995 that following are the heirs of both the deceased namely Haque Nawaz and Muhammad Rafique:-- (1) Saeed Ahmad aged 50 years, (2) Allah Bakhsh aged 47 years, (3) Bashir Ahmad aged 43 years, (4) Nazir Ahmad aged 41 years, (5) Muhammad Nawaz aged 28 years, all sons of Haque Nawaz deceased and brothers of Muhammad Rafique deceased, (6) Mst. Zainib Bibi aged 44 years daughter of Haque Nawaz deceased and sister of Muhammad Rafique deceased, (7) Mst. Sharam Bibi aged 64 years widow of Haque Nawaz deceased and mother of Muhammad Rafique deceased, all Khandwa by caste, residents of Mauza Sher Garh, Tehsil Kabirwala, District Khanewal.
5. The parties have compromised. All the legal heirs of Haque Nawaz and Muhammad Rafique deceased persons are major. Their statements have been recorded on oath. They have forgiven all the convicts in the name of Almighty God. Forgiveness is a divine qualification. I, therefore, hold that it is a fit case where the compromise should be recorded and accepted.
6. In view of what has been said above, I accept the compromise which stands initiated between the antagonist parties. All the heirs of both the deceased persons have forgiven all the convicts in the name of the Almighty God. I, therefore, accept the application and consequently the appeal. I accordingly acquit all the convicts.
7. I am told that Arif convict-appellant has preferred this joint appeal while Zahoor convict did not file the appeal; but they have undergone their respective sentences. Both Abdur Rehman and Muhammad Farooq appellants convicts are on bail. Both Abdur Rehman and Muhammad Farooq convicts appellants are present in the Court on bail. Their bail bonds are cancelled and, sureties discharged. N.H.Q./A-927/L Compromise accepted.