TANDIMAND vs QASIM JAN S — 2021 PCrLJ 469 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 469 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: TANDIMAND vs QASIM JAN S
Subject matter: Criminal
Provisions referred to: S. 302; S. 15---C; S. 345; Khyber Pakhtunkhwa Arms Act (XXIII of 2013); Criminal Procedure Code (V of 1898)

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

TANDIMAND VS QASIM JAN S. 302(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 345(7)---Qatl-i-amd, possession of unlicensed arms---Appreciation of evidence---Waiver or compounding of offence---Scope and competence---Accused was charged for committing murder of the daughter of complainant through axe blows---Report of the Trial Court revealed that the deceased was survived by her parents, three brothers and two sisters; however, according to Hanafi law of inheritance, in the present case only parents of the deceased were her legal heirs as they only could directly inherit from the deceased at the exclusion of brothers and sisters; therefore, only the parents had the right to compound the offence under S. 345(2), Cr.P.C.---Report of Trial Court further revealed that parents of the deceased had patched up the matter through compromise deed in support of which they had recorded their joint statement whereby they had waived their right of Qisas and Diyat against the accused---Report of the Trial Court was satisfactory that the parties had effected a genuine compromise and parents of the deceased had pardoned the accused in the name of Almighty Allah without duress or pressure---Appeal against conviction was accepted on the basis of compromise, in circumstances.

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