Mir DOST alias KIRARO vs State Ss — 2021 YLR 1109 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 1109 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: Mir DOST alias KIRARO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 345---Q; S. 345; 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

Mir DOST alias KIRARO VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd, common intention---Appreciation of evidence---Compounding of offence---Scope---Accused were charged for committing murder of five persons of the complainant party---Record showed that the medical certificates of the deceased lady was available on record, according to which she was also seven months pregnant---Accused had committed qatl-i-amd of the deceased lady out of ghairat---Murder in the name of family honour and religion could not be sanctified---In cases where the Qatl-i-amd had been committed on the pretext of "Karo Kari", "Siah Kari" and similar other customs, the provisions of S.345(2), Cr.P.C., did not allow the compounding of offence---Court might refuse to give an effect to such a deal, especially coupled with the scenario when the offence was gruesome, brutal, cruel, appalling, odious, gross and repulsive which caused terror and sensation in the society---Present case was the one in which the entire family had been killed while asleep, for no apparent cause but to avenge the refusal of marriage and grapple the property thus, the case fell within the category (abovesaid), therefore, the leave for the compromise was refused and the application was dismissed, in circumstances.

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