Pakistan Case Law
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1995 SCMR 833
[Supreme Court of Pakistan]
Present: Saad Saood Jan, Actg. CJ. And Manzoor Hussain Sial, JJ

ABDUR RAUF Versus THE STATE and another

Criminal Petition for Leave to Appeal No, 282-L of 1993, decided on 8th May, 1994.
Result: Leave granted.
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Summary

This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal. The core legal question presented for consideration was whether the trial court could lawfully alter the charge against the respondents from an offence under Section 302 of the Pakistan Penal Code 1860 to one under Section 308 of the same Code. This alteration was proposed in the context where certain legal heirs of the deceased had expressed their willingness to compound the offence. The Court granted leave to appeal to examine the legal propriety of such a charge alteration in light of the compounding of the offence by some, but not necessarily all, of the heirs of the deceased. The judgment focuses on the procedural and substantive implications of compounding offences under the Pakistan Penal Code 1860 when multiple heirs are involved, specifically addressing the authority of the court to modify charges based on partial settlements between the parties involved in the criminal proceedings.

Questions settled in this judgment
  • Can a charge under Section 302 of the Pakistan Penal Code 1860 be altered to Section 308 when some heirs of the deceased have agreed to compound the offence?
  • Does the compounding of an offence by some heirs of the deceased justify an alteration of the charge against the accused?
leave to appealcompounding of offencealteration of chargelegal heirscriminal procedure

ORDER

SAAD SAOOD JAN, ACJ.---Leave to appeal is granted to consider whether the charge against respondents Nos. 2 and 3 could be altered from one under section 302 to that under section 308, Pakistan Penal Code, in view of the fact that some heirs of the deceased had agreed to compound the offence.

Judges on this bench

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