GHULAM QASIM vs THE STATE
This matter concerns a jail petition filed by the petitioner, Ghulam Qasim, challenging his conviction and death sentence for the murder of his brother. During the pendency of the petition, the parties reached a compromise. The Supreme Court referred the matter to the Sessions Judge for verification, who confirmed the compromise was genuine and free from coercion. The Court further investigated discrepancies regarding the deceased's legal heirs, specifically the status of his former wife, who confirmed the dissolution of their marriage prior to the murder and that the deceased died issueless. Satisfied that the compromise was voluntary and that all legal heirs had been accounted for, the Court allowed the compromise applications. Consequently, the jail petition was converted into an appeal, the conviction and death sentence were set aside, and the petitioner was acquitted and ordered to be released. The judgment reinforces the principle that a genuine compromise between parties in a criminal case, verified by the court, can lead to the acquittal of the accused.
- Can a conviction and death sentence be set aside based on a compromise between the parties?
- What is the procedure for verifying a compromise in a criminal case before the Supreme Court?
- Does the dissolution of a marriage prior to a murder affect the status of legal heirs in a compromise?
ORDER
MIAN SHAKIRULLAH JAN, J.---The petitioner-Ghulam Qasim has been charged for the murder of his brother Mureed Hussain and a report was lodged by their third brother Mulazam Hussain (complainant). During the pendency of jail petition, which has been filed against the conviction and death sentence of Ghulam Qasim, the parties have effected a compromise. In this regard an application (Criminal Miscellaneous Application No,4 of 2009) for compromise was submitted in this Court which was sent to the Sessions Judge for verification of compromise and recording statements of the legal heirs of the deceased. The learned Sessions Judge after recording statements of the legal heirs of the deceased, submitted a report before this Court. According to the said report, the compromise is- genuine and without any pressure and coercion: During hearing of the instant application, we found some discrepancies in the name of former wife of the deceased as has been mentioned Razia Begum while her real name is Ghulam Sakina. She was summoned and today, produced by Mr. Rafiullah, S.H.O. In the Court. She has stated that though she was married to Mureed Hussain (deceased), but she has obtained a dissolution decree quite long before his murder. She has further stated that she has given birth to a child who, at the age of about 3 years had died during the life time of Mureed Hussain. Mulazam Hussain (complainant) present in Court has also stated that the deceased, after dissolution of marriage with Ghulam Sakina has not contracted a second marriage. He has died issueless and was survived by only his brothers and sister, statements of whom have already been recorded by Session Judge. The compromise is genuine and appears to be without any pressure and coercion.
2. In view of the above, Criminal Miscellaneous Application No,4 of 2009 (which is for compromise) and Criminal Miscellaneous Application No,86 of 2010 (which is for placing on record one of the Legal heirs) are allowed. As a result, Jail Petition No,477 of 2009 is converted into appeal and allowed. The conviction and death sentence of the petitioner (Ghulam Qasim) are set aside and he is acquitted of the charges and be released forthwith, if not required in any other cases.
Compromise allowed.
Cited by 3 cases
- ZULFIQAR ALI KACHELO alias ALI and others vs The STATE 2014 P Cr. L J 1454
- ZULFIQAR ALI KACHELO AND ALI & OTHERS vs THE STATE 2015 NLR Criminal 434
- Zulfiqar Ali Kachelo @ Ali & others vs The State