MUHAMMAD ARSHAD vs The STATE
This matter concerns a criminal appeal against a conviction and death sentence for Qatl-i-amd (intentional murder) under section 302(b) of the Pakistan Penal Code 1860. Following the conviction, the appellant filed an application under section 345 of the Code of Criminal Procedure 1898, seeking to compound the offence based on a compromise reached with the legal heirs of the deceased. The core legal question was whether the court could permit the compounding of the offence of Qatl-i-amd after conviction, given the voluntary nature of the compromise and the waiver of Qisas and Diyat rights by the legal heirs, including the father acting as Wali for the minor heirs. The Court, upon verifying the genuineness of the compromise through the Sessions Judge and confirming that no circumstances existed to invoke section 311 of the Pakistan Penal Code 1860, held that the compromise was voluntary and genuine. Consequently, the Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, establishing that a voluntary compromise in Qatl-i-amd cases, when genuine and free from duress, warrants acquittal in the interest of justice.
- Can an offence of Qatl-i-amd be compounded after conviction?
- Is a compromise valid where a Wali accepts Diyat on behalf of minor heirs?
- Under what circumstances can a court permit the compounding of a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 311, Pakistan Penal Code 1860
- Section 345, Code of Criminal Procedure 1898
- Section 544-A, Code of Criminal Procedure 1898
CH. MUSHTAQ AHMAD, J.---One Muqadas Bibi was done to death by inflicting Toka blows on 5.1.2012 within territorial jurisdiction of Police Station Saddar Phoolnagar, District Kasur. The crime was reported by Muhammad Aslam (PW-1) on which case FIR No,10 dated 5.1.2012 was registered under sections 302, 109, 34, P.P.C. Against appellant and another on the charge of committing Qatl- i-amd of Muqadas Bibi, daughter of the complainant. At conclusion of the trial learned Additional Sessions Judge, Pattoki vide judgment dated 27.10.2015 convicted the appellant under section 302(b), P.P.C. And sentenced him to death with a direction to pay Rs,3,00,000/- as compensation to legal heirs of deceased in terms of section 544-A, Cr.P.C. And in case of default to further undergo simple imprisonment for six months.
3. Appellant/convict challenged his conviction and sentence through Criminal Appeal No,908-J of 2015 whereas State sought confirmation of death sentence through Murder Reference No,01 of 2016.
During pendency of appeal the appellant/convict moved application under section 345, Cr.P.C.
Vide Criminal Miscellaneous No,4573-M of 2015 seeking permission to effect compromise as legal heirs of the deceased Muqadas Bibi compounded the offence and have waived their right of Qisas and Diyat in the name of Almighty Allah and they have no objection if he is acquitted of the charge against him.
4. Vide order dated 17.12.2015 learned Sessions Judge, Kasur was directed to submit report about genuineness of the compromise arrived at between legal heirs of the deceased and the appellant.
According to the report of learned Sessions Judge, Kasur dated 2.2.2016, deceased Muqadas Bibi was survived by the following legal heirs:-
1. Mst. Raj Bibi (mother)
2. Muhammad Aslam(father)
3. Shaukat Mehmood(husband)
4. Muhammad Rarnzan(minor son)
5. Sharafat (minor son)
6. Usama (minor son)
5. All major legal heirs appeared and made statements before learned Sessions Judge, Kasur that they have forgiven the appellant/convict and waived their right of Qisas and Diyat in the name of Almighty Allah voluntarily and with their free consent and have no objection if the appellant is acquitted of the charges.
6. On behalf of minors, namely, Muhammad Ramzan, Sharafat and Usama their father Shaukat Mahmood (husband of deceased) appeared and made statement before the Court that he being Wall of the minors has effected compromise with the appellant/convict after receiving Diyat amount of the minors in the shape of agricultural land measuring 10 Marla situated in Mouza Jambar Khurd valuing Rs,7,06,000/- (equivalent to their share of diyat amount) duly mutated in favour of the minors vide Mutation No,8635 attested on 28.1.2016, photocopy of Register Dakhal Khari is placed on the record of this appeal. Learned Sessions Judge has reported that he is satisfied that the compromise has A been effected voluntarily and without fear or duress.
7. Learned DDPP appearing on behalf of the State after having gone through the entire record has verified that the compromise arrived at between the parties is genuine.
8. In view of the above, we are satisfied that the compromise effected between the parties is voluntary, genuine, without duress, threat or coercion. Therefore, in the interest of justice with a view to promote peace and harmony between the families concerned as well as in the society, permission to compound the offence of Qatl-i-amd of deceased Muqadas Bibi is granted.
9. There are no circumstances attracting provisions of section 311, P.P.C. As present appellant and the deceased were real brothers and both the families have decided to live peacefully after forgetting unfortunate incident.
10. Accordingly Criminal Miscellaneous No,4573-M of 2016 is accepted. Consequently, Criminal Appeal No, 908-J of 2015 is allowed on the basis of compromise by legal heirs of the deceased.
Resultantly conviction and sentence of the appellant/convict Muhammad Arshad under sectibn 302(b), P.P.C. Vide judgment dated 27.10.2015 passed by learned Additional Sessions Judge, Pattoki is set aside and he is acquitted of the charge. He is ordered to be teleased from jail forthwith, if not required in any other case.
11. As a sequel to the above, Murder Reference No,01 of 2016 is answered in Negative.