MUSHIQUE SANGAH and 2 others vs THE STATE
This criminal appeal challenged the judgment of the Additional Sessions Judge, Kamber, which convicted the appellants under Section 302(b) read with Section 34 of the Pakistan Penal Code 1860 for murder and sentenced them to life imprisonment. During the pendency of the appeal, the appellants and the legal heirs of the deceased entered into a compromise. The legal heirs, having been verified by the trial court upon the High Court's direction, confirmed that they had pardoned the appellants in the name of God without any consideration or compensation, effectively waiving their rights to Qisas and Diyat. The core legal question was whether this compromise, once verified, justified setting aside the conviction and acquitting the appellants. The Court held that the compromise was valid and voluntary. Consequently, the Court allowed the applications filed under Section 345(2) and Section 345(5) of the Code of Criminal Procedure 1898, set aside the conviction and sentence, and ordered the acquittal of the appellants. The judgment affirms that a verified compromise between parties in a criminal matter, where rights to Qisas and Diyat are waived, constitutes sufficient grounds for acquittal.
- Can a conviction for murder be set aside based on a compromise between the appellants and the legal heirs of the deceased?
- Is the waiver of Qisas and Diyat by legal heirs sufficient grounds for the acquittal of appellants in a murder case?
- What procedure must the appellate court follow to verify a compromise reached between parties during the pendency of an appeal?
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 458, Pakistan Penal Code 1860
- Section 345(2), Code of Criminal Procedure 1898
- Section 345(5), Code of Criminal Procedure 1898
' KHADIM HUSSAIN M. SHAIKH, J.--- Through this appeal, appellants called in question the judgment dated 28-3-2006, passed by the learned Court of Additional Sessions Judge, Kamber in Sessions Case No,323 of 1998, based on Crime No,29 of 1998, Police Station Mahi Makol for offences under sections 302, 458, 34, P.P.C. Whereby the appellants were convicted under section 302(b), read with section 34, P.P.C., and sentenced to suffer imprisonment of life.
2. During the pendency of this appeal the legal heirs of deceased Qurban Ali son of Ali Hassan Hulio, have compromised with the appellants namely Mushique son of Allah Dino Sangah, Ghulam Rasool son of Abdul Ghani Sangah and Ghulam Abbas son of Muhammad Ali Sangah, with the result that they have preferred two listed applications i.e. Application under section 345(2), Cr.P.C.
Seeking permission to compound the offence and application under section 345(5j, Cr.P.C. Praying for accepting the compromise and acquitting the said appellants. Along with the said applications prescribed pro formas and affidavits of all the legal heirs of the deceased Qurban Ali namely Kaupar Parveen, A Mst.. Abida Parveen, Shahida Parveen, Sajida Parveen all daughters of deceased Qurban Ali Hulio, Irfan Ali, Arif Ali both sons of deceased Qurban Ali' Hulio and Mst. Zulekhan widow of deceased Qurban Ali Hulio, have also been filed. They have stated therein that they have patched up with the appellants Mushique Sangah, Ghulam Rasool Sangah and Ghulam Abbas on Holy Qur'an in the name of Allah Almighty on intervention of Nekmards and they have pardoned the appellants Mushique, Ghulam Risool and Ghulam Abbas without any consideration or compensation and they have waived their right of Qisas and Diyat and that there is no other legal heir of deceased Qurban Ali Hulio, excepting them.
3. This Court vide order, dated 23-3-2009 directed the learned trial Court to record statements of legal heirs of deceased Qurban Ali Hulio and proper verification. The learned trial Court submitted the statements , of all the above legal heirs of the deceased Qurban Ali which were recorded after proper verification as is evident from letter, ADJ/1894 dated 6-5-2009 of the learned Additional Sessions Judge, Kamber.
4. All the legal heirs namely Kausar Parveen, Irfan Ali, Mst. Abida Parveen, Shahida Parveen, Arif Ali, Sajida Parveen and Mst. Zulekhan, in their statements recorded before the trial Court have stated that they have compromised with the appellants namely Mushique, Ghulam Rasool and Ghulam Abbas on "Holy Qur'an" and they are living in peace and harmony and they have pardoned the said appellants in the name of Almighty Allah without any consideration or compensation and they have waived their right of Qisas and Diyat.
5. Today all the above named legal heirs of deceased Qurban Ali Hulio are in attendance before this Court and they reiterating the same above averments before this Court, raise no objection for setting aside the conviction and sentence awarded to the appellants Mushique, Ghulam Rasuol and Ghulam Abbas and for their acquittal.
6. .Mr. Ali Nawaz Ganghro, who represents the complainant party identifies all the aforesaid legal heirs of the deceased Qurban Ali "Hulio in Court, stating that they are the same legal heirs and that there is no other legal heir of the deceased Qurban Ali Hulio excepting them.
7. Mr. Naimatullah Bhurgri, learned State Counsel has raised no objection if the compromise is allowed and conviction and sentence awarded to the appellants is set aside.
8. In view of the above application M.A. No,361 of 2009 i.e. Application under section 345(2), Cr.P.C.
And M.A. No,362 of 2009 i.e. Application under section 345(5), Cr.P.C. Are allowed and the conviction and sentence awarded to appellants Mushique, Ghulam Rasool and Ghulam Abbas is set aside and they are acquitted. The appellants Mushique and Ghulam Rasool shall be released forthwith if they are not required in any other case. The appellant Ghulam Abbas is present on bail, his bail bond stands discharged. The appeal is accordingly disposed of.