FALAK SHER Versus State
This criminal appeal is directed against the judgment of the trial court whereby the appellant was convicted under section 302(b) of the Pakistan Penal Code 1860 and sentenced to imprisonment for life. During the pendency of the appeal, the appellant filed a criminal miscellaneous application seeking acquittal on the basis of a compromise reached with the legal heirs of the deceased. A report called from the Sessions Judge confirmed that the legal heirs had voluntarily compounded the offense for the sake of Almighty Allah without any coercion or compensation, and expressed no objection to the appellant's acquittal. The court examined the report and statements, found the compromise to be genuine and voluntary, accepted the compromise, set aside the impugned judgment, and acquitted the appellant of the charge.
- Can a criminal appeal against conviction for murder be allowed on the basis of a compromise between the convict and the legal heirs of the deceased?
- Whether a compromise reached between the parties in a murder case can be accepted when verified as genuine and voluntary by the Sessions Judge?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
- Section 311, Pakistan Penal Code 1860
KHAWAJA MUHAMMAD SHARIF, J.--- This appeal is directed against the judgment, dated 24-11-2003 passed by the learned Additional Sessions Judge, Shorkot (Jhang) whereby, after having tried the appellant, he was convicted under section 302(b), P.P.C. and sentenced to imprisonment for life as Tazir with a further direction to pay an amount of Rs.50,000 as compensation to the legal heirs of the deceased in default whereof to further undergo S.I. for six months as provided under section 544-A, Cr.P.C. and benefit of section 382-B, Cr.P.C. was extended to him.
2. During the pendency of the titled appeal, appellant filed Criminal Miscellaneous No.162/M of 2006 for acquittal on the basis of A compromise, whereupon, report was called for from the learned Sessions Judge, Jhang regarding genuineness of the compromise, who, vide letter No.285 dated 13-3-2006, reported as under:
"(2) The statements of Mst. Bashiran Bibi, dominic and Younas have been recorded on oath on 6-3-2006, wherein they have stated that they have compromised with the accused/convict Flak Sher, the offence of murder of their father voluntarily in the name of Almighty Allah without receiving any compensation and without any compulsion and coercion and besides them George (deceased) left behind Suseelia (widow), Tasilia (daughter) and Pervaiz, Yousaf, Nadeem (sons) as his legal heirs. They have got no objection if the accused/convict Falak Sher is acquitted of the charge.
(3) In consequence of notice issued against the legal heirs of the deceased, they appeared on 10-3-2006 before this Court and got recorded their statements on oath wherein Mst. Suseelia (widow) Mst. Tasilia (daughter) and Pervaiz, Yousuf and Nadeem (sons) of George deceased have staled that a compromise has been effected with the accused/convict, namely, Falak Sher without receiving any compensation and that the compromise is voluntary and without any compulsion and duress from any quarter. They have also got no objection if the accused/convict is acquitted of the charge.
(4) In my humble opinion, the compromise between the legal heirs of the deceased and the accused/convict Falak Sher is voluntary and genuine and they have no objection to the acceptance of the appeal/criminal miscellaneous filed by him who was convicted and sentenced by the learned trial Court...."
3. After having gone through the report of the learned Sessions Judge quoted above and the statements annexed therewith it appears that the compromise has arrived at between the parties for mutual harmony. This Court seems no reason not to accept the same as it appears that the same is genuine and without any coercion coupled with the fact that it is B according to the settled principles of the superior Courts of the country including the apex Court and seems no reason either to convict the appellant under section 311, P.P.C. Resultantly, this compromise is accepted, the appeal is allowed, the impugned judgment is set aside, the appellant is acquitted from the case and he is directed to be released forthwith if not required to be detained in any other case.
H.B.T./F-11/L ????????????????????????????????????????????????????????????????????????????????????? Appeal allowed.