1. Learned counsel for the applicant has submitted an authority by any learned brother Mr. Abdul Ghani Shaikh, J. (as he then was) in Criminal Appeal No.50 of 1998. To support his contention that the offence punishable under section 308, P.P.C. Can be compounded by the legal heirs of the deceased and further that if any of the legal heir is minor then on behalf of the minor the Wali can compound the offence and forgo the Diyat amount with the permission of the Court. Learned VII th Additional Sessions Judge, Karachi, East refused the application for grant of permission to compromise solely on the ground that the complainants in the case were not competent to forgo the Diyat of minor on her behalf.
2. From the perusal of the authority relied upon by the learned counsel for the applicant, it is clear that the Wali is competent to forgo the Diyat on behalf of the minor. In the circumstances, the order, dated 29-4-2000 passed by the learned VII th Additional Sessions Judge, Karachi, East is set aside. E The case is remanded back to the trial Court for taking decision in accordance with the law and the rule laid down by the authority, referred hereinabove.