NAZAR MUHAMMAD Versus STATE
This matter arises from a criminal appeal before the Supreme Court of Pakistan wherein the appellant, Nazar Muhammad, challenged his conviction and death sentences under Section 302 of the Pakistan Penal Code 1860 for the double murder of Mst. Ghulam Fatima and Hazur Ahmad, along with convictions under Sections 307, 452, 149, and 148, P.P.C. The core legal question concerned the propriety of the conviction based on the appraisal of evidence and the legal effect of a subsequent compromise between the convict and the legal heirs of the deceased. The Supreme Court held that the conviction of the appellant was maintained upon a proper appraisal of the evidence and found no ground to interfere with the concurrent findings of the lower courts regarding guilt. However, upon presentation of a valid compromise and affidavits confirming the receipt of Khunbaha by the legal heirs of the deceased, the Court exercised its discretion to alter the death sentence to imprisonment for life, while upholding the fine and extending the benefit of Section 382-B of the Code of Criminal Procedure 1898.
- Whether the Supreme Court can interfere with concurrent findings of guilt based on proper appraisal of evidence in a murder case?
- Can a compromise effected between the convict and the legal heirs of the deceased warrant the reduction of a death sentence to imprisonment for life?
- Whether the benefit of Section 382-B of the Code of Criminal Procedure 1898 can be extended to a convict whose death sentence has been commuted to life imprisonment?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
MIAN BURHANUDDIN KHAN, J.‑ Nazar Muhammad along with Zahur Ahmad, Nazar Ahmad son of Allah Bakhsh, Manzur Ahmad and Nur Muhammad (died during the trial) was tried under section 302, on two counts for committing ‑the murder of Mst. Ghulam Fatima and Hazur Abmad son of Sher Muhammad, and also under sections 307, 452, 149 and 148, P. P. C. by the learned Sessions Judge, Bahawalpur.,
2. The deceased Mst. Ghulam Fatima was living with her in‑laws after the death of her husband and on the date of occurrence at about morning time she was married to Gul ' Muhammad brother of her late husband to which Nazar Muhammad and other accused took exception. They entered his house. Nazar Muhammad was armed with a gun. He fired at Hazur Ahmad brother of Gul Muhammad and also fired at Mst. Ghulam Fatma. Both died on the spot. The learned trial Judge awarded death sentence to the appellant on two counts and ‑to pay fine of Rs. 5,000 on each count or in default, suffer R.I. for three years on each count. He was also sentenced to three years' R.I. under sections 148, 452/149 and 307/ 149 and his sentence of imprisonment was ordered to run concurrently to the sentence under section 302/149, in case his death sentence was not confirmed by the High Court, while other accused were sentenced to imprisonment for life. On appeal the learned Judges of the Lahore High Court confirmed the death sentence of Nazar Muhammad appellant and converted the conviction of other accused into one under section 323, P. P. C.
3. We. have heard the learned counsel for the appellant but we find that conviction of the accused /appellant has been maintained on ,proper 'appraisal of the evidence. The occurrence took place inside the house of the complainant where Hazur Ahmad and Mst. Ghulam Fatma were shot dead, Having carefully examined the case we find no reason to interfere with the impugned order of the learned High Court. However, the appellant has placed on file a compromise effected between him and Gul Muhammad, brother, (2) Mst. Zohran Widow, (3) Allah Ditta, (4) Muhammad Ramzan sons of deceased Hazur Ahmad, (5) Khadim Hussain and (6) Muhammad Qasim sons of deceased Mst. Ghulam Fatma. Lambardar was present who identified the signatories to the com promise. and placed affidavits of these persons as heirs of the two deceased who have received the amount of Khunhaha from the appellant and the fact is mentioned in the affidavits on record. In view of this we alter the death sentence awarded on two counts to the appellant to life imprisonment on the said counts and maintain the sentence of fine imposed by the learned trial Court. The appeal is dis missed accordingly and while doing so we would extend the benefits of section 382‑B, Cr. P. C. to him.
Appeal dismissed.