RIASAT ALI and 2 others vs THE STATE
This matter concerns a criminal appeal filed by three appellants against their conviction and sentencing for murder and attempted murder, alongside a state appeal against the acquittal of other respondents and a complainant's revision petition for sentence enhancement. During the pendency of the proceedings, the parties reached a compromise. The court referred the matter to the Sessions Judge to verify the genuineness of the compromise. The report confirmed that the legal heirs of the deceased and the injured victims had entered into a compromise, exercising their right of Afw and forgiving the accused in the name of Almighty Allah. Although minor heirs of one injured victim had not received compensation, the court, noting the verification of the compromise and the State's lack of objection, granted permission to compound the offences. Consequently, the court set aside the convictions and sentences, acquitted the appellants, and dismissed the State's appeal and the complainant's revision petition. The holding establishes that a court may permit the compounding of offences under the relevant procedural law to foster reconciliation and resolve disputes between parties.
- Can an appellate court grant permission to compound an offence after a conviction has been recorded?
- Is a report from a Sessions Judge regarding the genuineness of a compromise a prerequisite for allowing the compounding of an offence?
- Does the compounding of an offence under Section 345 of the Code of Criminal Procedure 1898 result in the acquittal of the accused?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 345(5), Code of Criminal Procedure 1898
- Section 345(6), Code of Criminal Procedure 1898
' KHAWAJA MUHAMMAD SHARIF, J.--- This judgment will dispose of Criminal Appeal No,34 of 1991 filed by Riasat Ali, Muhammad Hafiz and Muhammad Sadiq, appellants who were convicted and sentenced vide judgment, dated 184-1991 rendered by learned Additional Sessions Judge, Sahiwal as under:- ' Imprisonment for life and to pay fine of Rs,20,000 each, in default one year's R.I. Under section 302 read with section 34, P. P .O . And ' Five years' R.I. And to pay a fine of Rs,5,000 each, in default six months' R.I. Under section 307/34, P.P.C.
' All the sentences were ordered to run concurrently with the benefit of section 382-B, Cr.P.C.
' Criminal Appeal No,185 of 1991 filed by the State against the acquittal of respondents Hakim Ali, Muhammad Akhtar and Abdul Ghafoor was admitted to regular hearing so, the same along with Criminal Revision No,42 of 1991 filed by the complainant for enhancement of sentences of respondents shall also be disposed of through this single judgment.
2. During pendency of the appeal, an application seeking permission to compound the offence was made and the same was sent to learn Sessions Judge, for submission on a report with regard to genuineness of the compromise. Report has been received from the learned Sessions Judge.
3. According to report, Muhammad Nawaz deceased was minor at the time of his death and was survived by Ahmad Khan, father and Mst. Inaitan, the mother. Both the legal heirs have deposed before the Court that they have compounded the offence, have forgiven the accused and have no objection to their acquittal. All the injured to this case except Abdul Sattar who died his natural death, after the occurrence, have appeared before the learned Sessions Judge and made statements to the effect that they have compromised with all the accused of case F.I.R. No,252 of 1998 registered with Police Station Arifwala, District Sahiwal by exercising their right of Afw and have forgiven them in the name of Almighty Allah. The widow, father and mother of Abdul Sattar injured (died later on) have entered into a compromise on behalf of Abdul Sattar injured P.W. It is also to be noted that Abdul Sattar deceased was also survived by two minor daughters namely Robina and Farzana. Both the minors have not been paid any compensation in the shape of Arsh/ Daman.
In the end of the report, the learned Sessions Judge has stated that the compromise between the parties' stands authenticated and verified as being correct.
4. Mr. S.D. Qureshi, learned counsel for the State has also no objection if compromise is allowed.
5. In view of the report of learned Sessions Judge, Sahiwal and request so made by learned counsel for the parties, legal heirs of the deceased and injured victims are allowed to compound the offence with accused of case No,252 of 1998 registered with Police Station Arifwala, District Sahiwal.
Resultantly, the permission to compound the offence in view of subsection (5) of section 345, Cr.P.C. Is accorded to the parties in order to maintain cordial relations and bury their hatchet forever.
' Since permission to compound the offence has been granted, we set aside the conviction and sentence recorded against the conviction vide judgment, dated 18-1-1991 rendered by learned Additional Sessions Judge, Sahiwal and acquit them of the charge under subsection (6) of section 345, Cr.P.C. They are directed to be released forthwith, if not required to be detained in any other case.
'Criminal Appeal No,185 of 1991 filed by the State against acquittal of the respondents and Criminal Revision No,42 of 1991 filed by the complainant for enhancement of sentence are dismissed.