Muhammad Shoaib vs State etc
This matter arises from a criminal appeal and murder reference challenging the conviction and death sentence of the appellant, Muhammad Shoaib, under Section 302(b) of the Pakistan Penal Code 1860 for the murder of Mst. Bushra Bibi, alongside a connected application under Section 345(2) of the Code of Criminal Procedure 1898 seeking acquittal based on a compromise between the parties. The core legal question addressed by the court was whether a genuine compromise reached between the legal heirs of the deceased and the convict warranted the setting aside of the capital sentence and the acquittal of the appellant. Holding that the compromise was genuine, voluntary, and properly verified through a judicial inquiry—with adequate safeguards secured for the minor legal heirs' shares regarding diyat—the court accepted the compromise. The key principle laid down is that where a genuine and voluntary compromise is effected between the parties in a compoundable criminal matter under the relevant statutory provisions, and the financial rights of minor legal heirs are fully protected, the appellate court will give effect to the compromise, set aside the conviction and sentence, and order the immediate release of the accused.
- Can a capital sentence for murder be set aside on the basis of a compromise between the parties?
- What procedure must be followed to safeguard the shares of minor legal heirs during a compromise in a criminal case?
- Whether an appellate court can accept a compromise under Section 345(2) of the Code of Criminal Procedure 1898 during the pendency of a murder appeal?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 374, Code of Criminal Procedure 1898
- Section 345(2), Code of Criminal Procedure 1898
Shehram Sarwar Ch., J.--Muhammad Shoaib (appellant) alongwith his co-accused Umer Daraz was tried by the learned Additional Sessions Judge, Shorkot in case FIR No. 201 dated 7.6.2014 offence under Sections 302 and 34 PPC registered at Police Station Waryamwala for the murder of Mst. Bushra Bibi (deceased) wife of complainant. Vide judgment dated 07.06.2017 passed by.the learned Addl. Sessions Judge, Shorkot , the appellant has been convicted under Section 302(b), PPC and sentenced to death, with a further direction to pay Rs.
2,00,000/- (rupees two lakh only) as compensation under Section 544-A, Cr.P.C. to the legal heirs of the deceased and in default whereof to further undergo simple imprisonment for six month s. However , through the same judgment learned trial Court acquitted Umerdaraz co-accused of the appellant by extending him benefit of doubt.
Assailing the above conviction and sente nce, the appellant has filed the appeal in hand whereas the learned trial Court has sent Murder Reference No. 79 of 2018 for confirmation or otherwise of the appellant's sentence of death, as required under Section 374, Code of Criminal Procedure.
2. During the pendency of the above said appeal, an application i.e. Crl. Misc. No. 01/2019 was moved by Muhammad Shoaib, appellant/convict under Section 345(2), Cr.P.C. to effectuate the compromise arrived at between the parties.
3. Vide order of this Court dated 29.04.2019, the matter of compromise was referred to the learned Sessions Judge, Jhang for his report regarding genuineness of the compromise arrived at between the parties. In pursuance of the above said order of this Court, the learned Sessions Judge, Jhang submitted his report Bearing No. 289 dated 15.05.2019 with regard to the legal heirs of Mst. Bushra Bibi (deceased), the operative paras of which are reproduced below: "According to the lists, following are the legal heirs of the deceased Mst. Bushra Bibi: Sr. No. Name of legal heirs Relationship with the deceased 1 Amir Sohail Husband 2 Manzoor Ahmad Father 3 Mst. Ghuiam Fatima Mother 4 Mst. Arooj Amir Minor Daughter 5 Khurram Sohail Minor Son Statements of major legal heirs of Mst. Bushra Bibi (deceased) as well as to the extent of minors were recorded (Annexure-C to Annexure-E). They all have waived their right of Qisas' & `Diyat' to the convict and have stated that they have no objection on the acquittal of accused/convict Muhammad Shoaib, from the case. Whereas to the extent of share of minors Mst. Arooj Amir & Khurram Sohail in `Diyat; the maternal uncle of the accused/convi ct appeared and was directed to deposit the share of `Diyat' in favour of minors in some profitable scheme of National Savings Center Jhang who deposited the same and produced National Savings Certificates in this regard. The manager of National Saving Center was directed to make a note with red ink that the defence saving certificates of the above said minors be not encashed till attaining their age of majority or on receipt of orders from the competent Court. The original Saving Certificates were handed over to the father of the minors and the copies of which are attached herewith (Annexure-F & G). So, in this regard, the proceedings of the compromise has been completed."
6. As the report of learned Sessions Judge, Jhang has been received which is complete in all aspects, therefore, after having gone through the said report and the statements annexed therewith, it appears that the compromise has been arrived at between the parties for mutual harmony .
Keeping in view the above situation, this Court sees no reasons not to accept the compromise as it appears that the same is genuine and without any coercion, deception or threat coupled with the fact that it is according to the settled principles of the Superior Courts of the country .
7. Therefore, by placing reliance on the case of "Jaffar Ali alias Jaffari vs. The State" (2012 SCMR 606), Crl.
Misc. No. 01/2019 and Crl. Appeal No. 47498 of 2017 filed by Muhammad Shoaib (appellant) are accepted on the basis of compromise. Resultantly , the conviction and sentence recorded by the learned trial Court vide judgment dated 07.06.2017, are set aside and the appellant is acquitted of the charge. The appellant is in jail, he shall be released forthwith, if not required to detained in any other case.
8. Murder Reference No. 79 of 2018 is answered in the NEGA TIVE and the sentence of death awarded to Muhammad Shoaib (convict) is NOT CONFIRMED .