ABDUL GHANI alias GHANI and 3 others vs THE STATE
This matter arises from an appeal against the conviction and sentence of life imprisonment handed down by the Sessions Judge, Thatta, for the murder of Manzoor Hussain Hingrojo. The core legal question concerns whether the appellate court can permit a compromise between the legal heirs of the deceased and the convicted appellants under the legal framework of Qisas and Diyat, resulting in the acquittal of the accused. The court held that where a valid compromise is reached voluntarily between the legal heirs, including the widow acting as Wali for the minor heirs, and is verified through official reports and statements recorded before the lower court, the compromise should be accepted. The court laid down the principle that upon a voluntary waiver of Qisas and compounding of the offense by the legal heirs without compensation for the sake of amity, the appellate court may grant the compromise applications, set aside the conviction, and acquit the appellants.
- Can a compromise be effected in a murder case under the Qisas and Diyat law?
- Whether the widow can act as Wali to enter into a compromise on behalf of minor legal heirs?
- Does a voluntary compromise between the legal heirs and the convicts warrant the acquittal of the appellants?
- Qisas and Diyat Ordinance
ORDER
' MAQBOOL BAQAR, J.--- Through M.A. No,1487 of 2007, duly signed by the widow of deceased Manzoor Hussain Hingrojo, complainant, Habibullah and the appellants who have been convicted on the charge of committing murder of the deceased and sentenced to suffer life imprisonment by the learned Sessions Judge, Thatta, vide impugned judgment, dated 21-1-2007, and the respective counsel of the parties. It is prayed that this Court may allow the parties to compromise the matter.
The application is supported by the affidavits of the widow and the complainant. The application is also accompanied by a pro forma for effecting compromise under Qisas and Diyat Ordinance and a heirship certificate, issued by Mukhtiarkar, Sujawal on 20-4-2007 disclosing that the deceased Manzoor Hussain has in addition to the widow, left behind the following legal heirs:---
1. Manzoor Hussainson Aged 11 years
2. Munir Hussain son Aged 10 years
3. Fehmida daughterAged 12 years Through M.A. No,1488 of 2007, the widow of deceased Manzoor Hussain has sought permission to enter into a compromise as a Wali of minors.
' Through M.A. No,1489 of 2007 duly signed by the widow of deceased Manzoor Hussain Hingrojo, complainant Habibullah and his counsel, and by the appellants and their counsel. It is prayed that the appellant may be acquitted as the parties have compromised the matter.
' In pursuance of the order, dated 30-5-2007, Ist-Additional Sessions Judge, Thatha after obtaining reports from the Nazim Union Council Sujawal, S.H.O. Police Station Jati and Mukhtiarkar, Taluka Sujawal, in whose jurisdiction the deceased Manzoor Hussain resided and after recording statement of the widow, and publication of a notice in Daily Hilal-e-Pakistan, dated 12-6-2007, through his report, dated 21-6-2007, has confirmed that the widow and the children as mentioned above are the only surviving legal heirs of the deceased.
' The widow along with minor children and the complainant are present in Court. She submits that she has on her own free volition entered into a compromise whereby she has pardoned the appellants on her behalf and on behalf of the minors, in the name of Almighty Allah, without any compensation, merely for creating amenity between the parties, who are related to each other.
' In the circumstances, the applications are granted, the case stands compromised and the appeal is disposed of accordingly. The appellants are acquitted. They shall be released forthwith, if not required in any other case.
Cited by 2 cases
- SABIR vs The STATE and another 2013 YLR 1787
- ABDUL QAYYUM vs The STATE 2014 MLD 1046