PHOOLAN BIBI vs ALAU-UD-DIN and 11 others
This criminal appeal challenged an acquittal judgment passed by the Additional Sessions Judge, Sheikhupura, which had acquitted the respondents in a murder case based on a compromise. The appellant, a legal heir of the deceased, contended that the trial court failed to record the statements of the legal heirs regarding the compromise, rendering the acquittal order legally unsustainable. The Lahore High Court examined the record and observed that the legal heirs had previously settled the Diyat amount of Rs. 3,00,000 during bail proceedings, received the payment, and formally recorded their statements waiving their right of Qisas before the trial court on 13-1-2001. The Court held that having received the Diyat amount and having previously recorded their statements affirming the compromise, the legal heirs could not subsequently withdraw from that agreement. Consequently, the trial court was justified in relying on the earlier recorded statements to pass the acquittal order. The appeal was dismissed in limine, affirming the principle that legal heirs cannot resile from a compromise once the Diyat has been accepted and the waiver of Qisas has been formally recorded.
- Can legal heirs withdraw from a compromise after receiving the Diyat amount and recording a waiver of Qisas?
- Is an acquittal based on a compromise recorded during bail proceedings valid if the legal heirs later attempt to challenge it?
- Does a trial court err by relying on statements of compromise recorded during bail proceedings to pass a final judgment of acquittal?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Respondents Nos.1 to 11 vide impugned judgment, dated 26-2-2004 were acquitted by learned Addl. Sessions Judge, Sheikhupura, on the basis of compromise having been effected between the legal heirs of the deceased in case F.I.R. No,357, dated 13-1-2000 under sections 302, 324, 506. 186, 148, 149, P.P.C. Registered at Police Station Shahkot District Sheikhupura. Feeling aggrieved by the respondents' acquittal the appellant who is father (sic) of the deceased had filed this appeal.
2. We have heard the appellant's counsel who has mainly argued that the learned trial Court while allowing the respondents' application for acquittal on the basis of compromise did not record the statements of the legal heirs of Taj Din deceased to the effect that they had effected compromise with the respondents and as such the order of acquittal has been passed on illegal premises and is not sustainable.
3. The impugned judgment reveals the names of legal heirs of Taj Din deceased. During the course of hearing of a bail petition all the legal heirs settled Diyat amount of Rs,3,00,000 which was paid to them and then they waived their right of Qisas and got recorded their statements before learned Addl. Sessions Judge Sheikhupura on 13-1-2001 to the effect that they had effected compromise with the respondents and consequently they were enlarged on bail. The legal heirs of-the deceased after having effected compromise and receiving Diyat amount cannot be allowed to withdraw from the compromise, therefore, the learned trial Court had rightly recorded the respondents' acquittal on the statements regarding compromise of legal heirs of the deceased recorded on 13-1-2001 during bail proceedings. The appeal is dismissed in limine.