RASHID ALIAS PAPPU Versus STATE
The petitioner sought leave to appeal against his conviction for the murder of his step-mother and the sentence of death imposed upon him. The core legal question was whether a compromise between the accused and the legal heirs of the deceased could form the basis for altering the death sentence to imprisonment for life. The Supreme Court of Pakistan held that upon verifying the genuineness and voluntarism of the compromise and the receipt of compensation by the legal heirs, including minors, the petition should be converted into an appeal and the capital sentence altered to imprisonment for life with the fine remitted. The key principle laid down is that a genuine compromise between the heirs of a deceased victim and the convict in a murder case constitutes a mitigating circumstance warranting the reduction of a sentence of death to imprisonment for life.
- Can a compromise between an accused and the legal heirs of a deceased victim result in the reduction of a death sentence?
- Whether the Supreme Court can convert a leave petition into an appeal and dispose of the matter based on a compromise?
- How are the rights of minor heirs protected when a compromise is reached in a murder case?
ORDER
1. MUHAMMAD HALEEM, .J .‑‑The petitioner stands convicted for the murder of his step‑mother Aziz Begum and sentenced to death.
2. An application has been filed alongwith the affidavits that the parties have compromised and paid a compensation of Rs.95,000 to her heirs. The deceased left her surviving two major daughters Irshad Begum and Kishwar Begum; and one major son Abbas, for her former husband; and two minor sons Muhammad Hanif and Muhammad Farooq and a minor daughter Naheed from her second husband. These minors are in the custody of the mother of the deceased namely Ghulam Fatima who is too old to appear in Court while the other major issues are present in Court. On inquiry, they have stated that the compromise is genuine and voluntary. They further admit that they have received Rs.30,000 in cash while Ghulam Fatima was paid Rs.65,000 as compensation. for the minors and for herself. She has also filed an affidavit acknowledging the receipt of Rs.65,000.
3. On this view of the matter, we would accept the compromise and convert this petition into an appeal and dispose it of in terms that while maintaining the conviction, the capital sentence is altered to imprisonment for life and the fine awarded therefor is remitted.
4. M.I. /R‑1/S Order accordingly.