MUHAMMAD AQEEL Alias BILLA vs The STATE
The appellant, Muhammad Aqeel alias Billa, was tried and convicted of murder under section 302 of the Pakistan Penal Code 1860, receiving the death sentence, which was subsequently upheld by the High Court. Upon a petition for leave to appeal before the Supreme Court, the appellant's counsel informed the court that the parties had reached a compromise to live in peace and amity, with the accused party paying one hundred thousand rupees to the legal heirs of the deceased, who acknowledged receipt in court. The core legal question addressed was whether a compromise between the parties and payment of compensation can constitute a mitigating circumstance warranting the reduction of a death sentence to imprisonment for life. The Supreme Court held that, in light of the precedent in Muhammad Bashir v. The State PLD 1982 SC 139, the compromise constitutes a mitigating circumstance entitling the appellant to a lesser sentence. The court accordingly accepted the appeal, reduced the death sentence to imprisonment for life, and granted the benefit under section 382-B of the Code of Criminal Procedure 1898, establishing that a genuine compromise between the parties in a murder case can serve as a valid mitigating factor for sentence reduction.
- Does a compromise between the accused and the legal heirs of the deceased constitute a mitigating circumstance for reducing a death sentence?
- Can the benefit of section 382-B of the Code of Criminal Procedure 1898 be granted upon the reduction of a sentence?
- Whether the Supreme Court can commute a sentence of death to imprisonment for life based on a monetary settlement and compromise between the parties?
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ASLAM RIAZ HUSSAIN, J.--Muhammad Aqeel Bills appellant was tried for the murder of Muhammad Zaman and was sentenced to death under section 302, P.P.C. By the learned Sessions Judge, Gujranwala. His appeal was dismissed by the High Court and the death sentence was confirmed.
He filed a petition before this Court and leave was granted to him.
2. When the case was called for hearing, the learned counsel for, the appellant informed us that the parties have reached a compromise the matter so that they can live in peace and amity henceforth. He stated further that the accused party had given rupees one lac to the heirs of the deceased. Muhammad Abbas, father, and Mst. Shamim Akhtar, the sister, of the deceased, are present in Court and admit having received rupees one lac from the accused party. They have been identified by Mr. M.A. Qureshi, Advocate-on-Record--Caveator of the complainant party.
3. Considering the view taken by this Court in Muhammad Bashir v. The State PLD 1982 SC 139, we feel in the circumstances of this case the compromise between the parties constitute a mitigating circumstance, entitling the accused-appellant to the lesser sentence o imprisonment for life. We therefore accept the appeal and reduce the sentence of death of the appellant to imprisonment for life.
We also grant him the relief provided under section 382-B, Cr.P.C