Rab Nawaz vs The State
This matter arises from a criminal appeal and a murder reference following the conviction of the appellant under Section 302(b) of the Pakistan Penal Code 1860, resulting in a death sentence and compensation order by the Sessions Judge, Khushab. During the pendency of the appeal, a compounding application was filed. The core legal question concerned the validity and effect of a compromise reached between the accused and the legal heirs of the deceased. The Lahore High Court accepted the compromise after receiving a verified report from the Sessions Judge confirming its genuineness and noting that the shares of the minor legal heirs with respect to diyat were duly deposited. The ratio decidendi is that an offense of qatl-e-amd can be lawfully compounded upon a genuine compromise by the legal heirs, including safeguards for minors. The court laid down the principle that compounding advances public policy and complies with Quranic injunctions, leading to acquittal and the setting aside of the death sentence.
- Whether an offence under Section 302(b) of the Pakistan Penal Code 1860 can be compounded on the basis of a compromise between the accused and the legal heirs of the deceased?
- What procedure must be followed to verify the genuineness of a compromise involving minor legal heirs in a murder case?
- How should the share of diyat belonging to minor legal heirs be protected upon the compounding of an offense?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
KHAWAJA MUHAMMAD SHARIF, J.- This judgment will dispose of Criminal Appeal No. 264/J of 2001 filed by Rab Nawaz, appellant through jail. He was convicted under Section 302(b) PPC and sentenced to death with further direction to pay Rs. One lac- as compensation as required under Section 544-A, Cr.P.C, vide judgment dated 16.12.2000 passed by learned Sessions Judge, Khushab.
Murder Reference No. 133 of 2001 for confirmation or otherwise of death sentence of Rab Nawaz, convict 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 along with allied documents was sent to Sessions Judge, Khushan for submission of report as to genuineness of the compromise. The report has been received. According to the report submitted by Sessions Judge, Mst. Bagh Bhari the deceased of the instant case was survived by her mother Mst.. Moondan, Muhammad Ramzan, Muhammad Nasir and Muhammad Ehsan, all three sons as also Umar Draz, brother. All the three legal sons of the deceased were found to be minor, as such share of their diyat was deposited (Rs. 80,566/-) each in the Muslim Commercial Bank, Quaidabad branch. The complainant Umar Draz and Mst.
Moondan, mother brother and mother of the deceased have Waived their right of qisas and diyat.
The learned Sessions Judge has concluded that the compromise appears to be genuine.
4. Learned Counsel for the State has Objection if the compromise is allowed.
4. After having perused the report submitted by the learned Sessions Judge, Khushab and the submission made by learned counsel for the State, we have no hesitation in our mind to grant permission to compound the offence as it advances public policy and is in consonance with Quranic injunctions. Resultantly, Criminal Appeal No. 264/J of 2001 filed by appellant Rab Nawaz is accepted. The conviction and sentence recorded against him by the Trial Court is set aside and he is acquitted of the charge on the basis of compromise. The death sentence of Rab Nawaz is NOT confirmed and Murder Reference is replied in the NEGATIVE. The appellant is in jail. He shall be released forthwith, if not required to be detained in any other case.
A process shall issue to the Manager, Muslim Commercial Bank, Quaidabad Branch, that the amount representing the share of the minors will only be given to the minors when they become of the age. No other person whosoever he is would have any concern with the said amount.