ABDUL HAMEED Versus STATE
This matter arises from a criminal appeal before the Supreme Court of Pakistan concerning a sentence of death. The core legal question involves the extent to which a compromise between the parties can affect the sentencing of the convicts in a criminal case. The court held that the compromise arrived at between the parties is fair and proper, and consequently accepted it. The holding dictates that the death sentence of the appellant is reduced to life imprisonment, the fine imposed on the convicts is set aside in view of the compensation paid under the terms of the compromise, and the benefit of Section 382-B of the Code of Criminal Procedure is extended to the appellant and four co-accused. The key principle laid down is that a genuine and fair compromise between parties in a criminal matter can form the basis for mitigating a sentence, including the reduction of a death penalty to life imprisonment and the setting aside of fines.
- Can a compromise between parties result in the reduction of a death sentence to life imprisonment?
- Whether the benefit of Section 382-B of the Code of Criminal Procedure 1898 can be allowed in the computation of a sentence pursuant to a compromise?
- Can the fine imposed on convicts be set aside in view of compensation paid under the terms of a compromise?
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. NASIM HASAN SHAH, J.‑‑ The parties have entered into a compromise to end their dispute for ever.
2. We think that the compromise arrived at between the parties is fair and proper and we are, therefore, inclined to accept it.
3. The appeal is allowed to the extent that the sentence of death passed against Abdul Hameed appellant is reduced to life imprisonment. He is also allowed the benefit of section 382‑B, Cr.P.C. in the computation of sentence. The benefit of section 382‑B, Cr.P.C. is also allowed to other 4 co‑accused in the matter of computation of their sentence. The fine imposed on the convicts is also set aside in view of the compensation being paid under the terms of the compromise. The appeal is disposed of in the above terms.
4. M.I:/A‑238/S Order accordingly.