1. ' The appellant has been convicted by Special Judge Court No,1 (STA), Karachi-West under section 302(b), P.P.C. And he has been sentenced to imprisonment for life.
2. The charge against the appellant was that he killed his wife . Mst. Marium by burning after sprinkling oil on her The conviction has been based, mainly, on the statement of the deceased, recorded as dying declaration, which was later on incorporated in the F.I.R.
3. ' Before the trial Court, the present appellant pleaded not guilty and, in his statement under section 342, Cr.P.C. Also, he declined to admit his guilt. Even at this stage, he does not accept that he killed the deceased in this case, and has challenged the conviction and sentence by way of present appeal.
4. ' The offence may be compounded by the legal heirs with the person who has committed the offence and not with one who is only accused of commission of such offence. The legal heirs of the deceased can only forgive a person, for this purpose, who has killed the deceased. At this stage we do not find any reason to disbelieve the statement in the form of dying declaration made by the deceased. In view of the circumstances of this case, we do not feel that present one is a case where we should exercise our discre tion to grant permission to compound the offence. Both the applications are, therefore, dismissed.