MUHAMMAD ASHRAF Alias ACHHU vs The STATE
The petitioner, Muhammad Ashraf, was convicted of murder under Section 302 of the Pakistan Penal Code 1860 and sentenced to death, a conviction and sentence subsequently upheld by the High Court. Upon filing a petition for leave to appeal before the Supreme Court, the father of the deceased appeared and submitted an affidavit confirming a compromise had been reached. This compromise involved compensation and the marriage of two girls from the accused's family to two boys from the deceased's family. The complainant explicitly stated he had forgiven the accused. The petitioner's counsel requested that this compromise be considered a mitigating circumstance to reduce the death sentence. The State offered no objection to this request. The Supreme Court, treating the petition as an appeal, held that the compromise constituted a valid mitigating circumstance. Consequently, the Court maintained the conviction under Section 302 but commuted the sentence of death to imprisonment for life, establishing the principle that a compromise between the parties in a murder case can serve as a mitigating factor for sentencing purposes.
- Can a compromise between the parties in a murder case be considered a mitigating circumstance for sentencing?
- Is it permissible for the Supreme Court to reduce a death sentence to imprisonment for life based on a compromise reached between the accused and the complainant?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--Muhammad Ashraf petitioner was tried and convicted for the murder of Mst. Massoodan for which he was sentenced, to death and a fine of Rs.5,000 under section 302, P.P.C. The High Court dismissed his appeal and confirmed the sentence of death.
Hence the, present petition for leave to appeal.
2. Before us the father of the deceased has appeared and produced a written agreement deed in the shape of an affidavit saying that he has been duly compensated by the accused party who have also given the hands of two girls of their family in marriage with two boys from the deceased's family. He has also stated before us that he has forgiven the accused from the core of his heart.
3. Petitioner's counsel submits that the aforementioned compromise may be treated as a mitigating circumstance and that his death sentence be reduced to that imprisonment for life.
4. We have also heard the learned counsel for the State. He has no objection. We, therefore, convert the petition into appeal. After carefully considering the matter we consider it a fit case to treat the compromise as a mitigating circumstance and as such allow the appeal to the extent that while conviction of the petitioner under section 302. P.P.C. Is maintained his sentence of death is reduced to that imprisonment for life.