MUHAMMAD ALI alias MUHAMMADI vs STATE
This criminal appeal and connected murder reference arise from a judgment of the trial court convicting and sentencing the appellant under Section 302(b) of the Pakistan Penal Code 1860 for the murder of Ahmad Bakhsh, resulting in a death sentence. During the pendency of the appeal, a criminal miscellaneous application was filed seeking acquittal on the basis of a compromise between the appellant and the legal heirs of the deceased. The court directed the Sessions Judge to verify the legal heirs and the genuineness of the compromise. The verification report confirmed that all five legal heirs of the deceased were adults, had voluntarily entered into a compromise, pardoned the appellant in the name of Allah, waived their rights of Qisas, and expressed no objection to his acquittal without any duress or coercion. Finding the compromise genuine, the Lahore High Court accepted the compromise, set aside the conviction, acquitted the appellant, declined to confirm the death sentence, and answered the murder reference in the negative.
- Whether an appellant convicted under Section 302 PPC can be acquitted on the basis of a compromise with the legal heirs of the deceased?
- How is the verification of a compromise and the identification of legal heirs conducted in a murder case pending appeal?
- What is the effect of a genuine compromise waiving the right of Qisas on a death sentence and murder reference?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
Malik Saeed Ejaz, J.--The appellant Muhammad Ali alias Muhamdi was tried by the learned Additional Sessions Judge, Muzaffargarh, in case of FIR No, 269 of 2003 registered at Police Station Jatoi, for offence under Sections 302/34 PPC for having committed the murder of Ahmad Bakhsh.
Vide judgment dated 24.5.2005, the learned trial Judge convicted and sentenced the appellant for offence under Section 302(b) PPC to death plus payment of rupees two lacs as compensation to the legal heirs of the deceased, in default whereof to further undergo S.I. for six months.
2. Aggrieved by his above noted conviction an sentence, the appellant has filed the instant appeal, while the learned trial Court has made a reference bearing Murder Reference No, 367 of 2005, seeking confirmation or otherwise of death sentence imposed upon the appellant. Both these matters are being decided together through this consolidated judgment.
3. During the pendency of the appeal, Criminal Misc. No, 87-M of 2008 was moved for acquittal of the convict/appellant on the basis of compromise arrived at between him and the legal heirs of the deceased. Vide order dated 3.3.2008, copy of this petition was sent to the learned Sessions Judge, Muzaffargarh, for verification of legal heirs of the deceased and genuineness of the acclaimed compromise and also to see whether the interest of the minors, if any, has been safeguard.
4. Pursuant to the above noted order of his Court, the learned Sessions Judge, Muzaffargarh, vide his letter dated 19.3.2008, has submitted his report, according to which Ahmad Bakhsh-deceased two survived by five legal heirs, namely, Mst. Kareem Khatoon/widow, two sons Ghulam Hassan alias Ghulam Hussain; Zafar Iqbal and two daughters Mst. Sughran Bibi and Mst. Nasreen, all of whom are adult and there is no minor legal heir of the deceased. It is further stated therein that all the legal heirs of the deceased were personally examined by the learned Sessions Judge and all of them unanimously stated that they had entered into compromise, with the convict/appellant; pardoned him in the name of Allah and waived their rights of Qisas and had no objection to the acquittal of the .convict. The learned Sessions Judge has opined that the statements of the legal heirs of the deceased with regard to compromise appear to be free from durees and coercion.
5. In view of the above, we are satisfied that the compromise arrived at between the convict/appellant and the legal heirs of the deceased is genuine and without any durees and coercion. Accordingly, the compromise is accepted, with the result that the instant appeal is allowed on the basis of compromise arrived at between the parties; impugned judgment of the learned trial Court is set aside and the convict/appellant is acquitted of the charge. He be released forthwith, if not required in any other case. The death sentence is not confirmed and the Murder Reference is answered in the negative.