MUMTAZ HUSSAIN Versus THE STATE
This matter arises from a criminal appeal and a murder reference following the conviction of the appellant under Section 302(b) of the Pakistan Penal Code 1860, resulting in a death sentence and compensation order by the Sessions Judge, Jhang. During the pendency of the appeal, a compromise application was filed seeking to compound the offence. The core legal question was whether a murder conviction and death sentence can be set aside based on a genuine compromise between the convict and all legal heirs of the deceased. The Lahore High Court held that since all legal heirs of the deceased waived their right of Qisas and Diyat freely and without coercion, and the compromise was verified as genuine through a judicial inquiry, the offence was compoundable. The Court laid down the principle that upon verification of a genuine compromise and waiver of Qisas and Diyat by the legal heirs in a compoundable matter, the appellate court may grant permission to compound the offence, resulting in the acquittal of the appellant and non-confirmation of the death sentence.
- Whether a murder conviction under Section 302(b) can be set aside on the basis of a compromise between the convict and the legal heirs of the deceased?
- Can the High Court permit the compounding of an offence upon receiving a verified report regarding the genuineness of a compromise from the Sessions Judge?
- What is the effect of the waiver of the right of Qisas and Diyat by all legal heirs of the deceased on a pending murder appeal?
- Section 302(b), Pakistan Penal Code 1860
- Section 345, Code of Criminal Procedure 1898
KHAWAJA MUHAMMAD SHARIF, J.‑‑‑ This judgment will dispose of Criminal Appeal No. 1204 of 1999 filed by Mumtaz Hussain, appellant who was convicted under section 302(b), P.P.C. and sentenced to death with further direction to pay Rs.1,00.000 as compensation, in default six months' R.I. by learned Sessions Judge, Jhang vide judgment, dated 22‑10‑1999.
Murder Reference No.444 of 1999 for confirmation or otherwise of death sentence shall also be replied through this single judgment.
2. During pendency of the appeal, an application seeking permission to compound the offence was moved. A copy of the said petition alongwith documents was sent to Sessions Judge, Jhang for report as to genuineness or otherwise of the compromise. Report from the Sessions Judge has been received.
3. According to report, Muhammad Yousaf deceased was unmarried on the day of occurrence. He was survived by Ahmad Ali, father, Mst. Janat Bibi, mother, Azhar Iqbal, Zafar Iqbal both brothers, Mst. Kaneez and Mst. Mumtaz Bibi, both sisters. All the legal heirs of the deceased have effected compromise with convict appellant after forgiving him in the name of Almighty Allah and also having waived their right of Qisas and Diyat without any pressure or compulsion from any quarter. The convict had also transferred land measuring 8 Kanals and 18 Marlas as Badl‑e‑Sulah through Mutation No.911, dated 8‑4‑2003. To prove the transfer of land by Mumtaz Hussain convict in favour of Zafar Iqbal, one of legal heir of the deceased, statement of Syed Masud Hussain Zaidi, Tehsildar, Chiniot was also recorded as C.W.9 by the learned Sessions Judge.
4. Concluding his report, the learned Sessions Judge has submitted that compromise is genuine, without any pressure or coercion rather with own free will of legal heirs of the deceased Muhammad Yousaf. The compromise being genuine and the offence being compoundable with permission of the Court. Criminal Miscellaneous No.468/M of 2003 under section 345, Cr.P.C. is allowed. Resultantly, appeal filed by Mumtaz Hussain, convict appellant is accepted conviction and sentence recorded against him by the trial Court is set aside and the appellant is acquitted of the charge for the murder of Muhammad Yousaf, deceased. The appellant is in jail and he shall be released forthwith, if not required to be detained in any other case. The death sentence of Mumtaz Hussain, appellant is not, confirmed and murder reference is replied in the negative.
H.B.T./M‑49/L Appeal accepted.