MUHAMMAD RAMZAN and another vs STATE and another
The petitioners-convicts filed a criminal miscellaneous application seeking permission to compromise with the legal heirs of the deceased after being convicted under Sections 302(b), 324, and 337-C of the Pakistan Penal Code 1860 by the trial court and sentenced to imprisonment for life and other terms. A criminal appeal against conviction and a criminal revision for enhancement of sentence were also pending. The court directed the Sessions Judge, Sargodha, to verify the genuineness of the compromise. The verification report confirmed that the adult legal heirs and the mother on behalf of the minor voluntarily pardoned the appellants, waived their right of qisas and diyat, and consented to their acquittal, with adequate financial provision made for the minor. The core legal question was whether a genuine compromise between the legal heirs of the deceased and the convicts regarding the murder charge could be accepted during the pendency of the appeal. The court held that the compromise was genuine and voluntary, partially accepting the petition and appeal to set aside the conviction and sentence under Section 302(b) of the Pakistan Penal Code 1860, while keeping the appeal and revision pending regarding the remaining sections. The key principle laid down is that a voluntary and genuine compromise between the legal heirs and convicts for an offense compoundable under the law results in the setting aside of the murder conviction.
- Can a compromise between convicts and legal heirs of a deceased be accepted during the pendency of an appeal?
- Whether a compromise regarding Section 302(b) of the Pakistan Penal Code 1860 can be verified through the Sessions Judge?
- Does a compromise by legal heirs affect the conviction under Section 302(b) while leaving other sections pending?
- Section 302(b), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 337-C, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
Crl. M. No, 460-M/08 & main case The petitioners-convicts alongwith other 5 co-accused were tried by the learned Addl. Sessions Judge, Sargodha in sessions Complaint No, 20/2006 under Sections 302/324/148/149/109 PPC at police Station Sillanwali District Sargodha who vide judgment dated 27.02.2007 convicted them u/S. 302(b) PPC and sentenced to imprisonment for life. They were directed to pay compensation of Rs, 1,00,000/- each to the legal heirs of deceased or in-default thereof to further undergo 6 months SI each. The appellants were also convicted u/S. 324 PPC and sentenced to 10 years R.I. each and to pay a fine of Rs, 50.000/- or in-default to further undergo 6 months SI each. The appellants were also convected u/S. 337-C PPC and sentenced to 5 years R.I. as Tazir, They were also directed to Arsh amount to Rs, 2,14,586.66 each which is 1/3rd of total amount of diyat i,e, 6,43,760/- as per Notification dated 1.7.2006. The other co-accused were acquitted of the charge. All the sentences were ordered-to run concurrently. The benefit of Section 382-B Cr.P.C. was given to them. The convict-appellants have filed Crl. Appeal No, 430/2007 against their conviction and sentence. Mst Daulat complainant has filed Crl. Rev. No 286/2007 for the enhancement of conviction and sentence of the appellants.
2. During the pendency of appeal, Crl. M. No, 460-M/2008 was moved seeking permission from the Court to allow the compromise arrived at between the legal heirs of the deceased and the appellants. A copy of the said petition was transmitted to the learned Sessions Judge, Sargodha for necessary verification about the genuineness and authenticity of the compromise. The report of learned Sessions Judge has been received confirming that Azhar Iqbal deceased was survived by Mst. Kaneez Kausar (mother), Zafar Iqbal, Mazhar Iqbal, Fazal Mehmood, Maqbool Ahmad (brother) and minor sister Iram Shehzadi which were verified by Tehsildar and SHO concerned. Learned Sessions Judge in his report declared that the legal heirs of the deceased have unanimously deposed that they have pardoned the appellants with their free will and consent in the name of God Almighty and waived their right of qisas and diyat and have no objection if the appellants are acquitted of the charge. The share of diyat amount of minor amounting to Rs, 43,526/-. the Defence Savings Certificates have been purchased from National Saving Centre. Sargodha in her name and originals have been handed over to her mother Mst. Kanzee Kausar. Learned Sessions Judge has further declared in his report that legal heirs of deceased have entered into compromise with the appellants voluntarily and with their free consent. I am of the view that the compromise having been affected between the parties is genuine and arrived at between the parties without any duress and coercion. Learned Sessions Judge has also declared in his report that Mst. Daulat Bibi, injured t has not compromised the matter with the, appellants.
3. In view of above, I partially allow this petition for compromise and partially accept the appeal and set-aside the conviction and sentence of the appellants to the extent of Section 302(b) PPC.
The appeal to the extent of Sections 324 and 337-C PPC shall remain pending. The Cr1. Revision filed by the complainant for the enhancement of sentence and conviction of the appellants under Section 302(b) PPC is dismissed and to the extent of Sections 324 and 337-C PPC shall remain pending.