PIR MUHAMMAD vs THE STATE
This criminal appeal challenged a conviction and sentence of death awarded to the appellant. During the pendency of the appeal, the appellant filed an application seeking to compound the offence based on a compromise reached with the legal heirs of the deceased. The legal heirs, including the sons and daughter of the deceased, appeared before the District and Sessions Judge, Charsadda, and subsequently before the Supreme Court, confirming on oath that they had forgiven the appellant in the name of Allah Almighty, waived their right to Qisas, and did not claim any Diyat amount. The Supreme Court, satisfied with the verification of the compromise and the statements of the legal heirs, accepted the application. Consequently, the Court permitted the compounding of the offence, allowed the criminal appeal, set aside the conviction and death sentence of the appellant, and ordered his immediate release from jail, provided he was not required in any other case.
- Can a death sentence be set aside on the basis of a compromise between the convict and the legal heirs of the deceased?
- Is a statement made on oath by legal heirs regarding the waiver of Qisas sufficient to compound an offence in a capital case?
ORDER
' ABDUL HAMEED DOGAR, C.J.--- Criminal Miscellaneous Application No,272 of 2008 has been moved on behalf of the appellant that parties have compromised the matter and legal heirs of the deceased have forgiven the appellant in the name of Allah Almighty and have also waived the right of Qisas and do not claim Diyat amount. The compromise application was sent to District and Sessions Judge, Charsadda who after recording statements of legal heirs of the deceased namely Shah Jehan, Iftikhar, Farhad sons and Mst. Shazia daughter on oath, submitted that they have compounded the matter with the appellant in the name of Almighty Allah. He has also recorded the statement of Pir Muhammad elder of the locality, Muhammad Ashraf Khan, Nazim Union Council in this regard. Legal heirs of the deceased, namely Shah Jehan, Iftikhar, Farhad sons and Mst. Shazia daughter present in Court admit their above statements.
2. In view of the above Criminal Miscellaneous No,272 of 2008 is accepted and the parties are permitted to compound the offence. Accordingly, Criminal Appeal No,233 of 2007, is allowed and the conviction and sentence of death awarded to appellant Pir Muhammad is set aside. The jail authorities are directed to release the appellant, forthwith, if not required in any other case.##TE#