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: (a) qisas, if he had himself waived or compounded the right of qisas against the convict or had knowledge of such waiver or composition by another wali; or (b) diyat,...