1996 SCMR 523 (PLP)
KHALID ZAMAN and others‑‑‑Petitioners Versus THE STATE and others‑‑‑Respondents
| Citation | 1996 SCMR 523 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman, Abdul Qadeer Chaudhry and |
| Parties | KHALID ZAMAN and others‑‑‑Petitioners Versus THE STATE and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 SCMR 523 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 SCMR 523 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman, Abdul Qadeer Chaudhry and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 SCMR 523 (PLP) (KHALID ZAMAN and others‑‑‑Petitioners Versus THE STATE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jehanzeb Rahim, Advocate Supreme Court and A. Hamid Qureshi, Advocate‑on‑Record (absent) for Petitioner (in Cr.P. No. 54‑P of 1992).
- Nemo for Petitioner (in Cr. Ps. Nos. 44‑P and 45‑P of 1992).
- A. Hamid Qureshi, Advocate‑on‑Record (absent) for Respondent (in Cr. P. Nos. 44‑P and 45‑P of 1992).
- Date of hearing: 6th December, 1992.
- Anwar H. Mir, Advocate Supreme Court for the State (in Cr.P. No. 54‑P of 1992).
- The petitioner has effected compromise with the heirs of the deceased and submitted compromise pro forma alongwith the necessary affidavits which were scrutinize through chamber processing. Muhammad Saeed Khan, School Teacher, Government Primary School, Saidu Sharif, Swat appeared in Chamber processing and. deposed that Mst. Tajmina is the sister of the deceased, Hamzullah and said Akram are his uncle and that besides them the deceased left no other Shari heirs. According to him, the compromise is genuine and the heirs have received Rs.1,72,000 as Diyat. Mst. Tajmina, Hamzullah and Said Akram, heirs, also deposed that they had received Rs.1,72,000 as Diyat and have patched up the matter with the accused. Mian Shakirullah Jan, Advocate, for the petitioner Said Akram in C.P.No.44‑P/92, in view of the compromise, stated that he does not press his petition and the same may be dismissed as withdrawn.
Headnotes / Summary
(On appeal from the judgment dated 29‑6‑1992 of the Peshawar High Court, Peshawar in Cr. A. No. 85/91 & Cr.R: No. 43/91). ‑‑‑‑S.304, Part I‑‑‑Criminal Procedure Code (V of 1898), S. 345‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Compromise‑‑‑Heirs of the deceased had patched up the matter with the accused and received the Diyat amount‑‑ Compromise was found‑to be genuine and was accepted‑‑‑Petition for leave to appeal was converted into appeal and the accused was acquitted in circumstances. Anwar H. Mir, Advocate Supreme Court for the State (in Cr.P. No. 54‑P of 1992).
Judgment & Decree
WALI MUHAMMAD KHAN, J.‑‑‑Khalid Zaman, petitioner herein, seeks leave to appeal against the judgment dated 29‑6‑1992 passed by a learned Division Bench of the Peshawar High Court, whereby Criminal Appeal No.85/91 against his conviction and sentence under section 302, P.P.C. for committing murder of one Matiur Rehman, vide judgment of the Sessions Judge, Charsadda dated 11‑6‑1991, for imprisonment for life and fine of Rs.15,000 was modified, the conviction under section 302, P.P.C. was converted to under section 304, Part I, P.P.C. and sentence reduced to ten years' R.I. and fine of Rs.15,000 or in default two years' R.I. and also to pay a sum of Rs.15,000 as compensation to the heirs of the deceased under section 544‑A, Cr.P.C. or to suffer six months R.I. The petitioner has effected compromise with the heirs of the deceased and submitted compromise pro forma alongwith the necessary affidavits which were scrutinize through chamber processing. Muhammad Saeed Khan, School Teacher, Government Primary School, Saidu Sharif, Swat appeared in Chamber processing and. deposed that Mst. Tajmina is the sister of the deceased, Hamzullah and said Akram are his uncle and that besides them the deceased left no other Shari heirs. According to him, the compromise is genuine and the heirs have received Rs.1,72,000 as Diyat. Mst. Tajmina, Hamzullah and Said Akram, heirs, also deposed that they had received Rs.1,72,000 as Diyat and have patched up the matter with the accused. Mian Shakirullah Jan, Advocate, for the petitioner Said Akram in C.P.No.44‑P/92, in view of the compromise, stated that he does not press his petition and the same may be dismissed as withdrawn. We are satisfied with the genuineness of the compromise and by accepting the same, we convert this petition into appeal and by allowing the same on the basis of the compromise, acquit the accused/petitioner, under section 245, Cr.P.C. The Criminal Petitions Nos.44‑P and 45‑P of 1992 filed by Said Akram, complainant, for the enhancement of sentence automatically stand dismissed. N.H.Q./K‑264/S Appeal allowed.