LAL DIN Alias LALU vs The STATE
The petitioner sought leave to appeal against the judgment of the High Court confirming his death sentence under Section 302 of the Pakistan Penal Code. During the proceedings, the counsel and the legal heirs of the deceased submitted that the parties had arrived at an out-of-court compromise, fully compensating the heirs, and that the compromise was made voluntarily to end longstanding hostility. The Supreme Court converted the petition into an appeal and partly accepted it, reducing the petitioner's death sentence to imprisonment for life while maintaining the sentence of fine based on the compromise between the parties.
- Can a death sentence be reduced to imprisonment for life on the basis of a compromise between the accused and the legal heirs of the deceased?
- Whether an out-of-court compromise can be considered by the Supreme Court in a criminal petition arising from a murder conviction?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--Petitioner seeks leave to appeal against the judgment of the High Court dated 19-2-1985 dismissing his appeal in a case under section 302, P.P.C. And confirming his death sentence.
2. His counsel submits that the parties have arrived at a compromise out of the Court and the matter may therefore be decided on the basis of the said compromise.
3. Sh. Masood Akhtar, A.O.R. For the complainant is present and so Bashir a brother of Amanullah (deceased), who has been identified by Sh. Masood Akhtar, Advocate. He submits that the only heirs of Amanullah (deceased) are his two brothers, Zafar and Bashir and one sister Mst. Rani, all of whom have arrived at the compromise with Lal Din co-accused, who is their real paternal-uncle and that they have been fully compensated. They have arrived at the compromise voluntarily to put an end to the hostility between them. Bashirullah, when asked, confirmed the above statement made by the A.O.R.
As such we convert this petition into appeal and accept it partly to the extent that the death sentence of Lal Din petitioner is reduced to that of imprisonment for life. The sentence of fine is, however, maintained. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.