Raza Mohy-Ud-Din Alias Moon vs The State
This criminal appeal and murder reference arose from the conviction and death sentence of the appellant under Section 302(b) of the Pakistan Penal Code 1860, along with a compensation order under Section 544-A of the Code of Criminal Procedure 1898. During the pendency of the appeal, a miscellaneous application was filed seeking the acquittal of the appellant on the basis of a compromise entered into between the parties. The High Court referred the matter of compromise to the learned Sessions Judge for verification. The verification report confirmed that the deceased was unmarried and was survived by his parents and brothers, all of whom had voluntarily forgiven the appellant and expressed no objection to his acquittal. Satisfied with the genuineness and voluntariness of the compromise, the High Court accepted the compromise, allowed the appeal, set aside the conviction and sentence, and acquitted the appellant. Consequently, the murder reference seeking confirmation of the death sentence was answered in the negative.
- Can an appellant convicted of murder under Section 302(b) of the Pakistan Penal Code 1860 be acquitted by the High Court on the basis of a verified compromise with the legal heirs of the deceased?
- What procedure must the High Court follow to verify the genuineness and voluntariness of a compromise entered into between the parties during an appeal?
- Whether a death sentence can be confirmed under a murder reference if the legal heirs of the deceased have voluntarily forgiven the convict through a verified compromise?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
JUDGMENT ASIF SAEED KHAN KHOSA, J.- Raza Mohy-ud- Din alias Moon appellant was convicted for an offence under section 302(b), PPC vide judgment dated 26.11.2004 handed down by the learned Additional Sessions Judge, Faisalabad and was sentenced to death as Tazir and to pay a sum of Rs.1,00,000/- to the heirs of Parvaiz Masih deceased by way of compensation under section 544-A, Cr.P.C, or in default of payment thereof to undergo simple imprisonment of six months. The appellant has challenged his conviction and sentence before this Court through Criminal Appeal No. 1930 of 2004 which has been heard by us alongwith Murder Reference No. 146 of 2005 seeking confirmation of the sentence of death passed by the learned trial Court against the appellant. We are propose to decide both these matters together through the present consolidation judgment.
2. During the pendency of this appeal Criminal Misc. No 1237-M-2005 had been filed before this Court seeking acquittal of the appellant on the basis of a compromise between the parties. We had referred the matter of compromise to learned Sessions Judge, Faisalabad for its verification.
The report dated 30.09.2005 submitted by the learned Sessions Judge, Faisalabad shows that Pervais Masih deceased was unmarried at the time of his murder and he was survived by his father namely Boota Masih, his mother namely Mst, Hussain Bibi and his brother namely George Masih, Lars Masih, Arif Masih, Nazar Masih, Naazir alias Ditta Masih, Saleem Masih and Javed Masih, A1!, the major heirs of the deceased had entered appearance before the learned Sessions Judge, Faisalabad and had got their statements recorded to the effect that they had already forgiven the appellant and had no objection to his acquittal by this Court, In these circumstances the learned Sessions Judge, Faisalabad has felt satisfied with the genuineness, voluntariness and completion of the compromise between the parties.
3. After going through the report submitted by the learned Sessions Judge, Faisalabad we have found no occasion for not accepting the compromise between the parties or for not acting upon the same. Criminal Misc. No. 1237-M-2005 is, therefore, accepted, criminal Appeal No. 1930 of 2004 is allowed, the conviction and sentence of the appellant recorded by the learned trial Court are set aside and the appellant is acquitted of the charge on the basis of the. Compromise. He shall be released from the jail forthwith if not required in any other case. '
4. Murder Reference No. 146 of 2005 is answered in the negative and the sentence of death passed by the learned trial Court against taza Mohy-ud-Din alias Moon appellant is not confirmed.