2008 SCMR 1147

SAADAT ALI and another vs THE STATE

Share on WhatsApp ⭐ Prefer in Google

Citation2008 SCMR 1147

CourtSupreme Court of Pakistan

Case No.Crl. Misc. Application No,3 of 2003 in Cr. Appeal No,338 of 2000

Date2003-05-08

Judge(s)Sh. Riaz Ahmad C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi

Authored bySh. Riaz Ahmed

ResultCompromise accepted

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a criminal appeal before the Supreme Court of Pakistan involving the conviction for murder. Following a previous directive from the Court, the District and Sessions Judge, Lahore, conducted an inquiry and recorded statements from the legal heirs of the deceased, Abdul Saboor. The core legal question was whether the compromise reached between the petitioners and the heirs of the deceased was genuine, voluntary, and legally sufficient to warrant the setting aside of the conviction and sentences. The Court, upon reviewing the detailed report and the statements of the heirs, found that the compromise was genuine and that the heirs had pardoned the petitioners in the name of Almighty God, waiving their rights of Qisas and Diyat without any coercion or duress. Consequently, the Court accepted the compromise, set aside the conviction and sentences of the petitioners, and ordered their immediate release, provided they were not required in any other case. The judgment affirms the legal validity of a compromise in murder cases when the legal heirs of the victim voluntarily waive their rights of Qisas and Diyat.

Questions settled in this judgment

Can a conviction for murder be set aside based on a compromise between the accused and the legal heirs of the deceased?
Does a waiver of Qisas and Diyat by the legal heirs of a deceased person constitute sufficient grounds for the release of the accused?

criminal appealmurdercompromiseQisas and Diyatpardonconviction set aside

ORDER

1. ' SH. RIAZ AHMED, C.J.--- In compliance with this Court's order dated 9th of January, 2003, District and Sessions Judge, Lahore has submitted a detailed report besides recording the statements of the heirs/parents of deceased namely Abdul Ghani and Safia Begum. It transpires from the report that deceased Abdul Saboor was their son, he. was unmarried, and was done to death by Saadat Ali Khan, Rizwan Saadat, Suleman Saadat and Madni Iqbal Watoo. They have already compromised with Madni Iqbal Watoo, and have also pardoned the petitioners in the name of Almighty God, and have waived their right of Qisas and Diyat without any coercion and duress.

2. In view of detailed report and the statements of the heirs of deceased we are satisfied that compromise between the parties is genuine and legal, both the heirs of deceased have genuinely pardoned the petitioners and have waived their right of Qisas and Diyat. Resultantly, we accept the same, set aside the conviction and sentences of the petitioners and direct that they shall be released forthwith if not required to be detained in any other case.