TARIQ AZIZ vs State S — 2021 PCrLJ 1700 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1700 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: TARIQ AZIZ vs State S
Subject matter: Criminal
Provisions referred to: S. 345---P; S. 345; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TARIQ AZIZ VS State S. 345---Penal Code (XLV of 1860), Ss. 302 & 305---Qatl-i-amd and Wali---Compounding of offence---Muslim personal law---Wali of unmarried deceased---Scope---Petitioner/convict assailed order passed by Sessions Judge whereby an application under S. 345, Cr.P.C. jointly filed by petitioner and his mother/complainant was dismissed---Facts of the case were that the petitioner and his father were convicted under Ss. 302(b) & 34, P.P.C. for the murder of complainant's daughter who happened to be their sister and daughter respectively---Application for compromise was rejected mainly on the strength that all the legal heirs of deceased were not associated in the compromise---Validity---Section 305, P.P.C. clearly depicted that in case of a Qatl, the Wali shall be the heir of the victim, according to his personal law, but shall not include the accused or convict in case of qatl-i-amd, if committed in the name or on the pretext of honour---Under the Islamic law only father and mother of an unmarried deceased possessed all rights of compromise with the accused on any of the terms permitted by law---Father being convict of murder of his daughter was excluded from the array of legal heirs, and thus, the complainant being mother of the deceased was only surviving legal heir---Compromise was accepted and the petitioner was directed to be released.

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2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
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