MAQSOOD AHMAD Versus STATE
The petitioner filed a petition for leave to appeal against the High Court judgment maintaining his conviction and sentence of death under Section 302 of the Pakistan Penal Code 1860. During the proceedings, the parties compromised the matter out of court, and the petitioner provided proof that the complainant party had been amply compensated. The State counsel did not oppose the compromise. The Supreme Court of Pakistan held that a compromise between the parties constitutes a sufficient mitigating circumstance to warrant the reduction of the death sentence. The Court converted the petition into an appeal, allowed it in part, and reduced the petitioner's sentence from death to imprisonment for life, while maintaining the sentence of fine.
- Can a compromise between the parties serve as a mitigating circumstance to reduce a death sentence to imprisonment for life?
- Whether the Supreme Court can convert a petition for leave to appeal into an appeal and partly allow it?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.-- Maqsood Ahmad petitioner has filed the present petition for leave to appeal against the judgment of the High Court dated 3-6-1987 maintaining his conviction and sentence of death under section 302, P. P. C .
2. The parties have, however, compromised the matter out of Court and the learned counsel for the petitioner has shown the proof that the complainant party has amply been compensated. We are of the view that the accused party has duly compensated the heirs of the deceased.
3. Learned Assistant Advocate-General who appeared for the State on notice having been sent to him, does not oppose the compromise. In these circumstances we are of the view that the compromise between the parties in this case is a sufficient mitigating circumstance for reducing,, the petitioner's sentence from death to imprisonment, for life.
4. The petition is, therefore, converted into appeal and allowed partly, inasmuch as the sentence of death awarded to Maqsood Ahmad petitioner is reduced to imprisonment for life. The sentence of fine shall, however, be maintained.
S.Q./M-313/S Sentence reduced.