FATEH KHAN AND 2 Others vs The STATE
This petition for leave to appeal challenged a Lahore High Court judgment that had reduced, but maintained, the sentences of the petitioners convicted under sections 307/34 and 458 of the Pakistan Penal Code 1860. The core legal question was whether a compromise between the parties, reached after the conviction and during the appellate/revisional stages, justifies a further reduction of sentence to the period already undergone. The Supreme Court observed that the petitioners had already endured a protracted trial and significant periods of incarceration. Citing the precedent in Khurshid Ahmad v. The State, the Court held that where parties have compromised, it is desirable in the interest of peace and good relations to accept such a compromise to prevent further bitterness. Consequently, the Court converted the petition into an appeal, allowed it, reduced the sentences to the period already undergone, and set aside the order for compensation under section 544-A of the Code of Criminal Procedure 1898. The principle established is that a post-conviction compromise between parties can be a valid ground for the appellate court to reduce a sentence to the period already served.
- Can a post-conviction compromise between parties justify the reduction of a sentence to the period already undergone?
- Does a compromise between parties in a criminal case warrant the setting aside of a compensation order passed under section 544-A of the Code of Criminal Procedure 1898?
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 458, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
NASIM HASAN SHAH, J.-This petition is directed against the judgment of a learned Single Judge of the Lahore High Court dated 7-11-1982 passed in Criminal Revision No. 627 of 1966, whereby the sentence of the petitioners, who were convicted under section 307/34, P. P. C. And sentenced each to suffer four years' R. I. And under section 458, P. P. C. And sentenced each to two years' .R. I. Was reduced to two years' R. I. And one year's R. I. Respectively.
2. The petitioners were tried under section 307/34/458, P. P. C. In connection with an occurrence which took place on 12-1-1965. All of them were convicted by a, learned Magistrate of Mianwali on 13-7-1965. Their appeal against the conviction and, sentence was dismissed by the Session Judge, Mianwali on 6-6-1966. They moved the Lahore High Court by a revision (bearing Cr. R. 627/66) and were released on bail on 5-8-1966. However, the said revision did not come up for hearing for more than 1 years and was heard on 7-11-1982 and ultimately dismissed. However, the learned Single Judge in the High Court considering that the petitioners had suffered the agony of a protracted trial and remained in suspense during the pendency of the appeal and revision reduced the sentence of each petitioner to two years' R. I. Under section 307/34, P. P. C. And to one year's R. 1.
Under section 458, P. P. C. And ordered that both the sentences should run concurrently. Fateh Khan, Petitioner No. 1, was ordered to pay Rs. 5,000, as compensation under section 544-A, Cr. P. C.
And in default of the payment he was ordered to suffer one year's R.
1. In addition to his substantive sentence.
3. I support of this petition for leave to appeal, it is submitted that a compromise has been arrived at between the parties and the complainant is prepared to forgive and forget the past and bury the hatchet. He is also present before us in Court today and has supported this submission, in our presence. Reliance is also placed on a judgment of this Court entitled Khurshid Ahmad v. The State (1976 SCMR 193) wherein it was held, after converting a petition into an appeal that where the parties had compromised the matter, it was desirable in the interest of peace and good relations between the parties and in order to prevent further bitterness to accept such a compromise and to reduce the sentence of the accused to the period already undergone Accordingly, notice was issued to the Advocate-General, Punjab, to ascertain his point of view in the present case and the learned Assistant Advocate---General, Mr. Tanvir Ahmad, has appeared in response to the notice.
4. We observe that the petitioners remained as under-trial prisoners for about 31 months, before they were bailed out. About their conviction on 31-12-1965 they were arrested and remained under imprisonment until granted bail by the High Court on 5-8-1968. Accordingly, they have remained in jail for a period of about one year.
5. The learned Assistant Advocate-General has submitted that in these circumstances and to secure amity between the parties he has no objection if the procedure followed in the precedent case is also applied in this case.
6. We accordingly convert this petition into an appeal and allow it and reduce the sentence of the petitioners from two years'. R. I. Under section 307/ 34, P. P. C. And one year's R. I. Under section 458, P. P. C. To the period already undergone by each petitioner. In view of the compromise, the order of payment of compensation under section 544-A, Cr. P. C. Passed against Fateh Khan, petitioner No. 1 is also set aside. We further direct that the petitioners be released forthwith if not required in any other case.
7. We may observe that the petitioners Nos. 1 and 2 even after the dismissal of their revision petition by the High Court have not been arrested so far, and surrendered in Court before us today and not only Sultan Muhammad, respondent No. 3, has so far been arrested.
8. The result will be that Sultan Muhammad, respondent No. 3, shall also be released forthwith, if not required in any other case.
9. The appeal is allowed in the above terms.