Mst. ASMAT BATOOL and 2 others vs THE STATE
This criminal appeal challenges the conviction and sentence of the appellants under Section 302/34 of the Pakistan Penal Code 1860, arising from F.I.R. No. 90 dated 14-5-2000 registered at Police Station Sahiwal District Sargodha. The trial court had convicted the appellants and sentenced them to various terms of imprisonment along with compensation. During the pendency of the appeal, a criminal miscellaneous application was filed seeking the decision of the appeal on the basis of a compromise between the parties. The court called for a report from the Sessions Judge, Sargodha, which verified that the legal heir of the deceased, Mst. Shamim Fatima, had forgiven the appellants and stated she had no objection to their acquittal. The legal heir appeared in court and confirmed the genuineness of the compromise, noting the deceased was unmarried and left no other legal heirs. Consequently, the court accepted the compromise, allowed the appeal, set aside the convictions and sentences, and ordered the immediate release of the appellants.
- Can a criminal appeal against conviction under Section 302 PPC be decided on the basis of a compromise between the parties?
- Whether an appellate court can set aside a conviction and sentence upon verification of a genuine compromise by the legal heirs of the deceased?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' BASHIR A. MUJAHID, J.---The appellants Tasawwar Abbas, Azahar Abbas, Farhat Abbas and Mst.
Asmat Batool after having been tried in case F.I.R. No,90 dated 14-5-2000 registered under section 302/34, P.P.C. At Police Station Sahiwal District Sargodha, by Addl. Sessions Judge, Sargodha, were convicted and sentenced as under:--
2. Accused Farhat Abbas was sentenced to life imprisonment along with a compensation of Rs, 1,00,000 in default thereof the convict was to undergo further S.I. For further three months.
3. Accused Tassawar Abbas and Azahar Abbas were sentenced to rigorous imprisonment for fifteen years each and also to pay compensation of Rs,50,000 each in default thereof the convict were to undergo further simple imprisonment for two months.
4. Mst. Asmat Batool was sentenced to five years' R.I. Benefit of section 382-B Cr.P.C. Was, however, extended in favour of all the appellants/convicts.
' The appellants challenged their conviction and sentence through Crl. Appeal No,1944/2003, whereas the complainant filed Crl. Revision No,1147/2003 for enhancement of sentence but the same was withdrawn on 21-5-2004, after its admission. Farhat Abbas is still proclaimed offender and has not challenged his conviction and sentence.
5. The appellants filed criminal miscellaneous No,688/M/2004 during the pendency of the appeal for decision of the appeal on the basis of compromise and it has been alleged that Mst. Asia Batool was A unmarried and was survived by Mst Shamim Fatima and Muhammad Nawaz father. Report was sought from the learned Sessions Judge, Sargodha which has been received. According to the report Mst. Shamim Fatima got her statements recorded before the learned Sessions Judge and stated that she has forgiven the appellants and has no objection if the appeal is allowed and the appellants are acquitted of the charge.
6. Mst. Shamim Fatima accompanied by her elder son Asad Abbas present in the Court states that her husband is presently working at Saudi Arabia and he has sent a fax through Consulate of Jedda. The compromise is genuine. The deceased was not married and there is no other legal heir.
7. In view of the above the compromise is allowed. Consequently the appeal is accepted and the conviction and sentence is set aside. The appellants are directed to be released forthwith if not required in any other case.