MUHAMMAD ALI alias MUHAMMADI vs THE STATE
The appellant challenged his conviction and death sentence under section 302(b) of the Pakistan Penal Code 1860 passed by the trial court for the murder of Ahmad Bakhsh, along with a connected murder reference for confirmation of the 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 Lahore High Court directed the Sessions Judge, Muzaffargarh, to verify the compromise and the status of the legal heirs. The verification report confirmed that all five legal heirs were adults, had voluntarily entered into the compromise, waived their rights of Qisas in the name of Allah, and consented to the appellant's acquittal without any duress or coercion. The core legal question was whether the appellant could be acquitted on the basis of a genuine compromise between the parties in a murder case. The court held that the compromise was genuine, voluntary, and lawfully executed. Consequently, the court accepted the compromise, set aside the conviction and sentence, acquitted the appellant, declined to confirm the death sentence, and answered the murder reference in the negative.
- Can a criminal appeal against a murder conviction be allowed on the basis of a compromise between the convict and the legal heirs of the deceased?
- Whether adult legal heirs of a deceased can waive their rights of Qisas and consent to the acquittal of a convicted murderer?
- How is the verification of a compromise in a murder case conducted through the Sessions Court?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
' MALIK SAEED EJAZ, J.---The appellant Muhammad Ali alias Muhammadi was tried by the learned Additional Sessions Judge, Muzaffargarh, in case of F.I.R. No,269 of 2003, registered at Police Station Jatoi, for offence under section 302/ 34, P.P.C. 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) P.P.C. 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 and 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 conformation 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 Miscellaneous. 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 this Court, the learned Sessions Judge, Muzaffargarh, vide his letter dated 19-3-2008, has submitted his report, according to which Ahmad Bakhshdeceased is 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 duress 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 duress 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.