Zaka Ullah And Another vs The State
This criminal appeal and murder reference arise from the judgment of the Sessions Judge, Faisalabad, convicting the appellant Zaka Ullah under Section 302(b) of the Pakistan Penal Code 1860 for the murder of his wife and sentencing him to death. During the pendency of the appeal, the appellant filed an application seeking permission to effect a compromise with the legal heirs of the deceased. The court referred the matter to the Sessions Judge to verify the genuineness of the compromise. Upon receiving the verification report and recording the statements of all legal heirs, including those who subsequently appeared before the high court, the court found the compromise to be genuine, voluntary, and executed without any external pressure. Consequently, the court accepted the compromise application, allowed the appeal, set aside the conviction and death sentence, and acquitted the appellant of the charge, while answering the murder reference in the negative. The key legal principle established is that where a genuine compromise is reached between the accused and all legal heirs of the victim in a qatl-e-amd case, waiving their rights of Qisas and Diyat, the court may accept the compromise, set aside the conviction, and acquit the appellant.
- Whether a conviction under Section 302 PPC can be set aside on the basis of a compromise between the accused and the legal heirs of the deceased?
- How is the genuineness of a compromise verified when some legal heirs are abroad during appellate proceedings?
- What is the effect of a valid waiver of Qisas and Diyat by all legal heirs of a deceased person on a pending murder appeal?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
JUDGMENT MIAN MUHAMMAD NAJUM-UZ-ZAMAN, J.~Appellant Zaka Ullah was tried for the murder of his on. Wife namely Mst. Hameeda Bibi deceased in case F.I.R. No. 138, dated 21.4.2004 registered under Section 302, PPC at Police Station City Samundari, by the Sessions Judge, Faisalabad who vide judgment dated 26.9.2005 convicted the appellant under Section302(b), PPC and sentenced him to death as well as to pay compensation amounting to Rupees one lac to the legal heirs of the deceased as required under Section 544-A, Cr.P.C, or in default whereof to undergo six months S.L
2. Feeling aggrieved by the said judgment, the appellant filed Crl. Appeal No. 393-J/2005 while the Trial Court has made a reference (M.R. 805/2005) seeking confirmation of death sentence awarded to the appellant. Both these matters are being disposed of together by this judgment.
3. During the pendency of appeal, appellant moved an application (Crl. ' Misc. 69-M/2006) seeking permission to effect compromise with the legal heirs of Mst. Hameeda Bibi deceased. The matter was referred to Sessions Judge, Faisalabad for his report about the genuineness of compromise arrived at between the parties after recording their statement, In compliance whereof the Sessions Judge summoned the legal heirs of Mst. Hameeda Bibi deceased. Reportedly Mst. Hameeda Bibi deceased left behind Muhammad Saleem, Muhammad Naeem, Muhammad Nadeem and Muhammad Aleem (sons), Mst. Tasleem Akhtar and Mst. Nasreen Akhtar (daughters) as her legal heirs. The statements of all the legal heirs except Muhammad Aleem and Muhammad Nadeem who have gone abroad and not turned up before the Court, were recorded. Reportedly all the legal heirs have forgiven both the appellants waiving their right of Qisas and Diyat and they have no objection if the appellant is acquitted of the charge of murder of Mst. Hameeda Bibi. The Sessions Judge submitted his report dated 8.3.2006 before this Court.
4. Today Muhammad Aleem and Muhammad Nadeem alongwith Ch. Pervaiz Anwar, Advocate appeared before the Court and got recorded their statement which are on separate sheet.
According to them they have compromised with the appellant and have forgiven him in the name of Allah Almighty waiving their right of Qisas and Diyat. They have no objection if the appeal filed by the appellant is accepted and he is acquitted of the charge. Both (Muhammad Aleem and Muhammad Nadeem) were identified by Ch. Pervaiz Anwar, Advocate, Samundari.
5. After hearing the learned counsel for the parties and perusing the record we are satisfied that the compromise effected between the parties is genuine and the same has been effected between them with their free will and consent without any external pressure, In this view of the matter Crl. Misc. No. 69-M/2006) is allowed.
6. Accordingly, Crl. Appeal No. 393-J/2005 is accepted, conviction and sentence of the appellant is set aside and he is acquitted of the charge. Appellant shall be released forthwith if not required to be detained in any other case.
Death sentence of Zaka Ullah is not confirmed and the murder reference is answered in the negative.