MUHAMMAD SIDDIQ vs THE STATE
This matter arises from criminal appeals filed by the appellants challenging their conviction and sentence under section 302 of the Pakistan Penal Code 1860, whereby they were sentenced to life imprisonment by the trial court. During the pendency of the appeals, compromise applications under sections 345(2), 345(4), and 345(6) of the Code of Criminal Procedure 1898 were filed, supported by affidavits of the legal heirs and complainant, stating that the heirs had forgiven the accused in the name of Almighty Allah. The core legal question concerned the validity of the compromise and whether a real sister could act as wali to effect a compromise on behalf of minor legal heirs. The court held that the compromise applications merit allowance and permitted the real sister to compromise on behalf of the minors. Consequently, the appeals were allowed in terms of the compromise, and the appellants were acquitted of the charge and ordered to be released.
- Whether a real sister can enter into a compromise on behalf of minor legal heirs as wali?
- Can criminal appeals against conviction under section 302 of the Pakistan Penal Code 1860 be disposed of on the basis of a compromise between the parties?
- Whether an application for compromise under section 345 of the Code of Criminal Procedure 1898 can be accepted during the pendency of an appeal?
- Section 302/34, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 345(2), Code of Criminal Procedure 1898
- Section 345(6), Code of Criminal Procedure 1898
- Section 345(4), Code of Criminal Procedure 1898
1. ' Appellant, Mst. Farzana in Criminal Appeal No.360 of 2002, and appellant, Muhammad Siddique in Criminal Appeal No.363 of 2002, were tried by the learned 1st Addl. Sessions Judge Karachi Central in Sessions Case No.310 of 1994 (State v. Muhammad Siddique and Mst. Farzana) for offence under section 302/34, P.P.C. And were convicted under section 302, P.P.C. And sentenced to undergo life imprisonment together with the benefit of section 382-B, Cr.P.C. Vide judgment dated 28-10-2002.
2. The appellants, in both the appeals have challenged their above-referred conviction and sentence.
3. ' These appeals were admitted to regular hearing by this Court on 21-11-2002. During the pendency of these appeals, appellants have moved applications being under sections 345(2), 345(6) and 345(4), Cr.P.C. Respectively, (M.As Nos.689, 690 and 2680 of 2004 in Criminal Appeal No.360 of 2001 and M.As. Nos.686, 687 and 2681 of 2004 in Criminal Appeal No.363 of 2002), duly supported with the affidavits, of complainant, Sonia Shaukat, brother and daughter of the deceased, respectively, along with Pro forma for Effecting Compromise under Qisas and Diyat Ordinance, whereby following prayers have been made on the ground that the legal heirs of deceased have forgiven the above-named accused persons in the name of Almighty Allah:-- ' Permission to enter into compromise; ' Acceptance of compromise; ' Permission to Mst. Sonia to compromise the above matter on behalf of the minor legal heirs of the deceased as Wali, being their real sister.
4. I have heard and considered the arguments of the learned counsel for the appellants as well as the learned counsel appearing for the State who has raised no objection to the grant of all these applications.
5. ' Upon a query whether the real sister of the minor legal heirs can entered into compromise, learned counsel for the appellants relied upon the case of Muhammad Hanif v. The State (1993 PCr.LJ 166). I have gone through the case-law, cited at the bar, perused the record and am of the considered view that these applications merit to be allowed.
6. ' Resultantly, the appeals are allowed in terms of compromise. The appellants are acquitted and shall be released forthwith if not required in any other case.
7. ' Cr. Appeals Nos.360 and 363 of 2004 stand disposed of along with listed applications.