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1993 SCMR 1990

MUHAMMAD RAFIQUE and anothers vs THE STATE

Citation1993 SCMR 1990
CourtSupreme Court of Pakistan
Case No.Crl. A. No, 197 of 1993 in Cr. P. No, 384-L of 1992
Date1993-06-21
Judge(s)Muhammad Rafique Tarar, Saad Saood Jan
ResultOrder accordingly

ORDER

' SAAD SAOOD JAN, J.---The parties have entered into a compromise. The deceased was still unmarried at the time of his death. His father and mother are present in Court. They affirm that a compromise has in fact taken place. Mr. Asghar Rokhri, counsel for the complainant is also present on their behalf and knows the parties personally as they all belong to the same village. The father and mother of the deceased acknowledged that they have received Rs 1,00,000 by way of compensation from the petitioners. Counsel for the State has no objection if the compromise is given effect.

2. This petition is converted into appeal and allowed. The convictions of the petitioners on the charge under section 302 read with section 34, Pakistan Penal Code, are set aside and they are acquitted.

3. The petitioners were also convicted of the offence under section 307 read with section 34, Pakistan Penal Code, for making murderous assault upon Aziz Jehan Khan. There has been no compromise between the parties in respect of this offence. Consequently, this order will not affect the petitioners' conviction in respect of the offence under section 307 read with section 34.

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