Where a wali commits qatl-i-amd of a convict against whom the right of qisas has been waived under section 309 or compounded under section 310, such wali shall be punished with

1. qisas, if he had himself waived or compounded the right of qisas against the convict or had knowledge of such waiver of composition by another wali; or
2. diyat, if he had no knowledge of such waiver or composition.