MUMTAZ HUSSAIN vs THE STATE
This matter arises from a criminal appeal and a connected murder reference following the conviction of the appellant under Section 302(b) of the Pakistan Penal Code 1860 and sentence of death passed by the Sessions Judge, Jhang. During the pendency of the appeal, an application was filed seeking permission to compound the offence on the basis of a compromise between the convict and the legal heirs of the deceased. The court called for a report from the Sessions Judge regarding the genuineness of the compromise. The report confirmed that all legal heirs of the deceased had freely and voluntarily waived their right of Qisas and Diyat, and a transfer of land had been effected as Badl-e-Sulah. The core legal question was whether the offence of qatl-e-amd could be compounded based on a genuine compromise between the legal heirs and the convict. The court held that the compromise was genuine and voluntary, and since the offence is compoundable with the permission of the court, the application under Section 345 of the Code of Criminal Procedure 1898 was allowed. Consequently, the court set aside the conviction and sentence, acquitted the appellant, and answered the murder reference in the negative.
- Can an offence under Section 302(b) of the Pakistan Penal Code 1860 be compounded with the permission of the court?
- What is the procedure for verifying a compromise in a murder case during the pendency of an appeal?
- Whether the High Court can set aside a death sentence and acquit a convict upon a genuine compromise between the legal heirs of the deceased?
- Section 302(b), Pakistan Penal Code 1860
- Section 345, Code of Criminal Procedure 1898
' KHAWAJA MUHAMMAD SHARIF, J.--- This judgment will dispose of Criminal Appeal No,1204 of 1999 filed by Mumtaz Hussain, appellant who was convicted under section 302(b), P.P.C. And sentenced to death with further direction to pay Rs,1,00,000 as compensation, in default six months' R.I. By learned Sessions Judge, Jhang vide judgment, dated 22-10-1999.
' Murder Reference No,444 of 1999 for confirmation or otherwise of death sentence shall also be replied through this single judgment.
2. During pendency of the appeal, an application seeking permission to compound the offence was moved A copy of the said petition .Alongwith documents was sent to Sessions Judge, Jhang for report as to genuineness or otherwise of the compromise. Report from the Sessions Judge has been received.
3. According to report, Muhammad Yousaf deceased was unmarried on the day of occurrence. He was survived by Ahmad Ali, father, Mst. Janat Bibi, mother, Azhar lqbal, Zafar lqbal both brothers, Mst. Kaneez and Mst. Mumtaz Bibi, both sisters. All the legal heirs of the deceased have effected compromise with convict appellant after forgiving him in the name of Almighty Allah and also having waived their right of Qisas and Diyat without any pressure or compulsion from any quarter.
The convict had also transferred land measuring 8 Kanals and 18 Marlas as Badl-e-Sulah through Mutation No,911. Dated 8-4-2003: To prove the transfer of land by Mumtaz Hussainconvict in favor of Zafar Iqbal, one of legal heir of the deceased, statement of Syed Masud Hussain Zaidi, Tehsildar, Chiniot was also recorded as C.W.9 by the learned Sessions Judge.
4. Concluding his report, the learned Sessions Judge has submitted that compromise is genuine, without any pressure or coercion rather with own free will of legal heirs of the deceased Muhammad Yousaf. The compromise being genuine and the offence being compoundable with permission of the Court. Criminal Miscellaneous No,468/M of 2003 under section 345. Cr.P,C. Is allowed. Resultantly, appeal filed by Mumtaz Hussain, convict appellant is accepted, conviction and sentence recorded against him by the trial Court is set aside and the appellant is acquitted of the charge for the murder of Muhammad Yousaf. Deceased. The appellant is in jail and he shall he released forthwith, if not required to be detained in any other case. The death sentence of Mumtaz Hussain, appellant is not confirmed and murder reference is replied in the negative.