MUHAMMAD NAWAZ vs State Ss — 2024 SCMR 1731 SUPREME-COURT

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MUHAMMAD NAWAZ VS State Ss. 302(b), 309 & 310---Qatl-i-amd---Waiver and compounding of qisas in qatl-i-amd-----Locus standi of deceased's brother to challenge judgment of acquittal in circumstances where legal heirs of deceased entered into a compromise with the accused---Estoppel---Scope---Accused was convicted and sentenced to death by the Trial Court---During the pendency of his appeal before the High Court, legal heirs of the deceased (widow and a minor) entered into a compromise with the accused, on the basis whereof, he was acquitted of the charge through the impugned judgment---Validity---Under the injunctions of Quran and Sunnah, and under section 309 PPC, only an adult sane Wali (legal heirs) may at any time waive their right of Qisas without any compensation or may compound his/their right of Qisas on accepting badal-i-Sulh (compensation) as provided by section 310 PPC.---No doubt, the petitioner (complainant) who was brother of the deceased, informant of the FIR as well as a complainant in the private complaint, could challenge the impugned judgment of acquittal being an aggrieved person, but the legal heirs of the deceased did not want to pursue the matter further against the respondent---If the legal heirs of the deceased did not wish to pursue the matter, the petitioner had no authority to undermine their right guaranteed by law---Permitting the petitioner to pursue the matter would amount to promoting frivolous litigation---Petitioner had not been able to show that the right of compounding the offence exercised by the legal heirs was a result of coercion, duress or undue pressure---Thus, under such circumstances, the petitioner was estopped under the law to challenge the impugned judgment (of acquittal) before the Supreme Court---Petition for leave to appeal was dismissed.

MUHAMMAD NAWAZ vs State Ss — 2024 SCMR 1731 SUPREME-COURT

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