1993 SCMR 1989

MUHAMMAD ISHAQ ALIAS KALI Versus STATE

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Citation1993 SCMR 1989

CourtSupreme Court of Pakistan

Case No.Criminal Appeal No.164 of 1993

Date1993-07-19

Judge(s)Shafiur Rahman, Actg. CJ. and Saad Saood Jan

ResultAppeal accepted

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The appellant, Muhammad Ishaq alias Kali, was convicted under Section 302 of the Pakistan Penal Code for the murder of Muhammad Ashraf and sentenced to death. While his appeal was pending before the Supreme Court of Pakistan, the legal heirs of the deceased—specifically the mother, father, and brother—entered into a compromise with the appellant. They acknowledged receiving Rs. 2,25,000 as Badal-e-Sulh and formally forgave the appellant. The Court examined and approved this compromise in chambers and verified it in open court. Consequently, the Supreme Court accepted the appeal, set aside the conviction and sentence, and acquitted the appellant, ordering his immediate release unless required in any other case. This judgment affirms the legal validity of a compromise (Badal-e-Sulh) between the heirs of a deceased and the accused in a murder case, leading to the acquittal of the accused.

Questions settled in this judgment

Can a conviction under Section 302 of the Pakistan Penal Code be set aside based on a compromise between the accused and the heirs of the deceased?
Does the payment of Badal-e-Sulh to the legal heirs of a deceased victim justify the acquittal of an appellant convicted of murder?

Laws & provisions referred

Section 302, Pakistan Penal Code 1860

murdercompromiseBadal-e-Sulhacquittalcriminal appealdeath sentence

ORDER

SHAFIUR RAHMAN, ACTG. CJ. ‑‑‑The appellant Muhammad Ishaq alias Kali stands convicted of the offence under section 302, P.P.C. for causing the death of Muhammad Ashraf and sentenced to death. His appeal against conviction and sentence is pending in this Court. The heirs of the deceased Muhammad Ashraf‑‑‑the mother, father and brother have admitted the receipt of Rs. 2,25,000 as Badal‑e‑Sulh and to have compromised and forgiven the petitioner. The compromise has been examined in chambers by a learned Judge and approved. We have also verified it in Court.

2. In view of the compromise the appeal is accepted, conviction and sentence of the appellant is set aside and the appellant is acquitted of the charge. He shall be released forthwith unless required in any other case.

NHQ/M‑1785/S Appeal accepted.