AKRAM MASIH vs THE STATE
This criminal appeal challenges the conviction and death sentence imposed upon the appellant, Akram Masih, by the trial court for the murder of Tanvir Masih. The appellant was convicted under Section 302(b) of the Pakistan Penal Code 1860 and ordered to pay compensation under Section 544-A of the Code of Criminal Procedure 1898. During the pendency of the appeal and the associated murder reference, the appellant filed an application seeking acquittal based on a compromise reached with the legal heirs of the deceased. The court referred the matter to the Sessions Judge, Islamabad, for verification. The verification report confirmed that the legal heirs, including the mother and siblings of the deceased, had voluntarily entered into a compromise, waiving their rights of Qisas and Diyat without coercion or inducement. The High Court, emphasizing the Islamic jurisprudence principle that mutual compromise fosters peace and prevents future bloodshed, accepted the compromise. Consequently, the court permitted the compounding of the offence, accepted the appeal, acquitted the appellant, and answered the murder reference in the negative.
- Can a death sentence be set aside on the basis of a compromise between the convict and the legal heirs of the deceased?
- What is the procedure for verifying a compromise in a murder case before the appellate court?
- Does the compounding of an offence in a murder case require the voluntary consent of all legal heirs of the deceased?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 374, Code of Criminal Procedure 1898
RAUF AHMAD SHEIKH, J. ---The appellant Akram Masih has challenged the judgment dated 8-10- 2007 passed by - Mr. Nisar Baig, lerned ASJ, Islamabad, whereby he was convicted under section 302(b), P.P.C. And was sentenced to death and was ordered to pay a sum of Rs.1,00,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. In case F.I.R. No.147 of 2006 dated 28-4-2006 under sections 302/109, P.P.C. Police Station Margala, Islamabad.
2. Briefly stated the prosecution version as embodied in the F.I.R. (Exh.PA/1) recorded on the statement (Exh.PA) of Jamil Masih son of Aslam Masih is that at about 7-45 p.m. On 28-4-2006 he received an intimation on telephone from PIMS hospital, Islamabad, that his younger brother Tanvif Masih, who was working as Sweeper in PTC Headquarters, Sector G-8/4, Islamabad, was thrice fired at by' the appellant for beating the sons of his maternal uncle and that one fire hit the deceased on his abdomen. The deceased died on the same day in the hospital.,
3. The appellant was arrested on 2-8-2006. He and Pervaiz Masih were sent up to face the trial. He was charged u r section 302, P.P.C. Whereas Pervaiz Mart was charged under sections 302/109, P.P.C. Both of them pleaded not guilty and claimed the trial.
4.. The prosecution produced 15 witnesses in support of its allegations against them. After the trial the learned trial Court vide impugned judgment convicted and sentenced the appellant as mentioned above and acquitted Pervaiz Masih by extending benefit of doubt to him.
5. The learned trial Court has submitted Murder Reference No.58 of 2008 under section 374, Cr,P.C.
For confirmation or otherwise of the death sentence awarded to the appellant. As both these matters are inter-connected and inter-linked so are, being decided through this single judgment.
6. On 19-8-2010 the appellant submitted an application (Criminal Miscellaneous No.476-M/10) contending therein that a compromise has been effected between him and heirs of the deceased so the same be accepted and he be acquitted. The application was supported by an affidavit sworn by Jamil Masih brother of the deceased. The matter was referred to the learned Sessions Judge, Islamabad, for verification of the compromise and genuineness of the list of the legal heirs of the deceased. The learned Sessions Judge, Islamabad, vide letter dated 4-9-2010 has submitted the report, which, inter alia, reveals that the deceased was unmarried and left behind Mst. Maryam Bibi mother, Jamil Masih brother, Shakeel Masih brother, Mst. Jamila Bibi sister, Mst. Martha Bibi sister and Mst. Shakeela Bibi sister. All of them appeared before the learned Sessions Judge, Islamabad, and stated on oath that they have entered into a ciftromise with the appellant with their free consent and have waived of their rights of Qisas and Diyat and that they have no objection on his acquittal. The learned Sessions Judge reported that the compromise was voluntarily entered into between the heirs of the deceased and the appellant without any inducement or coercion.
7. The mutual compromise brings peace in the society and eradicates possibility of, future bloodshed. There is a divine wisdom behind the notion of forgiveness in the Islamic Jurisprudence.
In view of the report submitted by the learned Sessions Judge, Islamabad, on the basis of the statements of the heirs of the deceased, we are of the considered view that the offence has validly been compounded due to compromise between the appellant and heirs of the deceased. The permission to compound the offence is accorded. Consequently the appeal filed by the appellant is accepted and he is hereby acquitted of the charge. He is in the Jail and be released forthwith if not required to be detained in any other case. Murder Reference No.58 of 2008 is answered in the negative..