INAYAT Versus STATE
This matter concerns criminal appeals against the High Court's affirmation of death sentences imposed on Inayat, Mahla, Ahmad Sher, and Muhammad Sharif for the murders of five individuals. The core legal question before the Supreme Court was whether the death sentences should be maintained in light of the fact that the legal heirs of the deceased victims had voluntarily forgiven the convicts and accepted financial compensation. The Supreme Court, noting the voluntary compromise and forgiveness extended by the heirs, exercised its discretion to alter the sentences. The Court held that the death sentences of the four petitioners should be converted to imprisonment for life on each of the five counts, while maintaining the original convictions and sentences of fine. It was further ordered that these sentences of imprisonment for life shall run concurrently. The conviction and sentence of the co-accused, Ghulam Abbas, remained undisturbed. This decision underscores the principle that in capital cases, a voluntary compromise and forgiveness by the legal heirs of the deceased can serve as a mitigating factor for the commutation of a death sentence to life imprisonment.
- Can the Supreme Court convert death sentences to imprisonment for life based on a compromise between the convicts and the legal heirs of the deceased?
- Does a voluntary compromise and acceptance of compensation by legal heirs constitute sufficient grounds for the commutation of a death sentence?
ORDER
1. MUHAMMAD HALEEM, C.J. --On appeal and reference the High Court affirmed the death sentences of Inayat, Mahla, Ahmad Sher and Muhammad Sharif on five counts. However, the death sentence of Ghulam Abbas was converted into imprisonment for life on these counts. They were convicted and sentenced as such for the murders of Muhammad Bakhsh, his wife Mst. Jallan, their daughter-in-law Mst. Allan, Mst. Zubaida and her son Abdul Ghafoor.
2. Ghulam alias Gullu husband of Mst. Allan and the son of first two deceased, and Ghulam Rasool the husband of Mst. Zubaida have appeared before us today and stated that they had voluntarily forgiven those sentenced to death and have each accepted Rs.50,000 as compensation as heirs of the deceased. They were identified by Muhammad Hayat, Lambardar and the learned counsel for the parties. The learned counsel for the petitioners (Criminal Petition No. 340/83) did not challenge the decision of the High Court on merits, while petitioner Ahmad Sher remained un-represented.
3. Accordingly, we would convert these petitions into appeals and alter the death sentences of Inayat, Mahla, Ahmad Sher and Muhammad Sharif to imprisonment for life on each of the five counts while maintaining their convictions and sentences of fine. The sentences, however, shall run concurrently. The conviction and the sentence of Ghulam Abbas is maintained.
4. S.Q./I-24/S Order accordingly.