ABDUL QUDDUS vs The STATE
The matter arises from a criminal appeal before the Supreme Court of Pakistan where the appellant, Abdul Quddus, was convicted under section 302 of the Pakistan Penal Code 1860 for murder and sentenced to death, along with a fine under section 544-A of the Code of Criminal Procedure 1898, which conviction and sentence were upheld by the Lahore High Court. Leave to appeal was granted to consider whether the death sentence should be reduced in view of a compromise between the parties and the amount of fine substantially increased. The core legal question was the effect of a genuine compromise between the legal heirs of the deceased and the convict on the quantum of sentence in a murder case. The court held that upon satisfaction of a genuine compromise effected by the legal heirs of the deceased, the death sentence of the appellant should be converted to imprisonment for life while enhancing the compensation fine. The key principle laid down is that a genuine compromise between the heirs of the victim and the offender can be taken into mitigating account to commute a sentence of death to imprisonment for life coupled with an enhanced compensation fine under section 544-A of the Code of Criminal Procedure 1898.
- Whether a genuine compromise between the legal heirs of the deceased can be considered as a mitigating circumstance to reduce a death sentence to imprisonment for life?
- Can the Supreme Court enhance the amount of compensation fine under section 544-A of the Code of Criminal Procedure 1898 while commuting a death sentence?
- What is the effect of a valid compromise presented by the legal heirs in a murder appeal before the court?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
ORDER
1. MIAN BURHANUDDIN KHAN, J.-- The appellant, along with his brother Jahan Khan and his father Abdul Aziz, was tried under sections 302/34, P.P.C. For the murder of Gauhar Badshah on 27-2-1976.
2. Jahan Khan and Abdul Aziz were acquitted by the learned trial Judge, Mianwali vide order, dated 26-1-1978 while the appellant was convicted and sentenced to death under section 302, P.P.C. And a fine of Rs.2,000, which if recovered, was ordered to be paid to the heirs of the deceased, as compensation under section 544-A, Cr.P.C. Appeal filed by the appellant was dismissed by a Division Bench of the Lahore High Court and his death sentence was confirmed. Leave was granted by this Court per order, dated 15-10-1980 to consider whether it would be appropriate in this case to reduce the sentence of death and instead substantially increase the amount of fine under section 544-A, Cr.P.C. Criminal Appeal No.A/55 of 1981 involved the same question and', therefore, both these appeals were ordered to be tagged and fixed for hearing before a larger Bench vide order, dated 9-9-1981. This later appeal was, however, withdrawn by the learned counsel today as having become infructuous.
3. As regards Appeal No.145 of 1980 in view of the compromise filed by the parties wherein the heirs of the deceased i.e. His to sons and widow who were present today in the Court, stated that they have compromised with the appellant as per the terms of the compromise filed in the Court. The said heirs were duly identified by their learned counsel and the question remained for determination is whether the death sentence be converted into imprisonment for life and the amount of compensation be enhanced considering the compromise placed on record. We are satisfied that the parties have genuinely compromised the case and we, therefore, convert the death sentence of the appellant to imprisonment for life and enhance the amount of fine to Rs.25,000 (twenty-five thousand only) payable as compensation to the heirs of the deceased under section 544-A, Cr.P.C.
4. Or in default, five years R. I.