SHER MUHAMMAD Versus State
This matter involves criminal appeals and a murder reference arising from a conviction under Section 302 of the Pakistan Penal Code 1860, passed by the Additional Sessions Judge, M.B. Din. During the pendency of the appeals against the conviction and the death sentence reference under Section 374 of the Code of Criminal Procedure 1898, an application seeking compromise between the parties was filed. The core legal question concerned the acceptance of a compromise between the convicts and the legal heirs of the deceased in a murder case. The Lahore High Court accepted the compromise after a report from the Sessions Judge confirmed its genuineness and voluntariness, as all seven legal heirs waived their rights of Qisas and Diyat, forgave the convicts for the sake of God Almighty, and raised no objection to their acquittal. Consequently, the court allowed the appeals, set aside the conviction and sentence, answered the murder reference in the negative, and ordered the immediate release of the appellants. The key principle laid down is that a genuine and voluntary compromise between the legal heirs of a deceased and the convicts in a capital offense warrants the setting aside of the conviction and sentence.
- Whether a compromise between the legal heirs of a deceased and the convicts can be accepted in a murder case during the pendency of an appeal?
- Does a genuine and voluntary waiver of Qisas and Diyat by all legal heirs warrant the setting aside of a death sentence and conviction?
- How is the genuineness and voluntariness of a compromise in a criminal case verified by the appellate court?
- Section 302, Pakistan Penal Code 1860
- Section 374, Code of Criminal Procedure 1898
ORDER
This order will dispose of Criminal Appeals Nos.427-J of 2003, 1848 of 2002 and Murder Reference No.866 of 2003.
2. Through this application the petitioners/appellants seek compromise in a criminal case whereby, they were convicted and sentenced vide judgment dated 23-9-2003 passed by the learned Addl. Sessions Judge, M.B. Din in case F.I.R. No.399 of 2000 registered under section 302, P.P.C. at Police Station, Malakwal.
3. The appellants were tried for the commission of said offence by the trial Court, whereby appellants were convicted. The appellants impugned the said judgment before this Court. The learned Sessions Judge also referred the murder case to this Court, for the confirmation of death sentence as required under section 374, Cr.P.C. During the pendency of appeal the said application for compromise between the parties was filed.
4. Report regarding genuineness and voluntariness of compromise has been requisitioned from the learned Sessions Judge, concerned which has been received According to report there are seven legal heirs of the deceased. The statements of all legal heirs have been recorded. They have also placed on record their affidavits. They have waived their rights of Qisas and Diyat. They have no objection to the acquittal as they have forgiven the convict for the sake of God Almighty. Keeping in view the learned District and Sessions Judge reported that the compromise has taken place between the parties with free will and without any pressure.
5. In view of the above, this application is accepted and the appeals of the appellants are allowed. Impugned judgment dated 23-9-2003 and sentence of the appellants are set aside. The appellants be released forthwith, if not required in any other criminal case. The Murder Reference is answered in negative.
H.B.T./S-170/L Appeals allowed.