Abdul Sattar vs The State
This matter concerns a criminal appeal and a murder reference arising from a conviction under Section 302(b) of the Pakistan Penal Code 1860, wherein the appellant was sentenced to death and ordered to pay compensation. The core legal question was whether the court could accept a compromise between the convict and the legal heirs of the deceased, thereby setting aside the conviction and sentence. Following the filing of an application for compromise, the court sought a report from the Sessions Judge to verify the genuineness and voluntariness of the agreement. The report confirmed that all four legal heirs of the deceased had voluntarily waived their rights of Qisas and Diyat, forgiving the convict for the sake of God Almighty. Finding the compromise to be genuine and free from coercion, the court accepted the application, allowed the appeal, set aside the conviction and sentence, and answered the murder reference in the negative. The key principle established is that a valid, voluntary compromise between the parties in a murder case, involving the waiver of Qisas and Diyat, constitutes sufficient grounds for acquittal.
- Can a death sentence be set aside based on a compromise between the convict and the legal heirs of the deceased?
- What procedure must be followed to verify a compromise in a criminal case involving a murder conviction?
- Does the waiver of Qisas and Diyat by legal heirs provide sufficient grounds for the acquittal of a convict sentenced to death?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 374, Code of Criminal Procedure 1898
ORDER
M. BILAL KHAN, J. - This order will dispose of Criminal Appeal No. 371 of 2002 and Murder Reference No. 243 of 2002.
2. Through this- application the petitioner/ appellant seeks compromise in a criminal case whereby, he was convicted under section 302(b), P.P.C, and sentenced to death. He was also directed to pay Rs. 2,00,000/- as compensation under section,544-A, Cr.P.C, to the legal heirs of the deceased and in default he shall suffer six months' R.I. vide judgment dated 09.02.2002 passed by the learned Sessions Judge, Gujranwala, in case FIR No. 1150, dated 23.11.1999 registered under section 302, P.P.C, at Police Station, Sabzimandi, Gujranwala.
3. The appellant was tried for the commission of said offence by he learned Sessions Judge, Gujranwala, whereby the convicted the appellant narrated above. The appellant impugned the judgment dated 09.02.2002 before this Court. The learned Sessions Judge also referred the murder case to this Court for the confirmation of. Death sentence as .Required under section 374, Cr.P.C.
During the pendency of appeal the said application for compromise between the parties was filed.
4. Report regarding genuineness and voluntariness of compromise has been requisitioned from the learned Sessions Judge, Gujranwala which has been received. According to report there are four legal heirs of the deceased. The Statements of all legal heirs have been recorded. They have also placed on record their affidavits. They have waived their rights of Qisas and Diyat. They have no objection to his acquittal as they have forgiven the convict for the sake of God Almighty.
Keeping in view the learned District and Sessions Judge reported that the compromise has taken place between the parties with free will and without any pressure.
5. In view of the above, this application is accepted and the appeal of the appellant is allowed.
Impugned Judgment dated 09.02.2002 and sentence of the appellant are set aside. The appellant be released forthwith, if not required in any other criminal case. The Murder Reference is answered in negative.