ABDUL REHMAN alias MANI vs THE STATE
The appellant, Abdur Rehman, was convicted along with a co-accused, Sher Khan, for the murder of two innocent passengers during an attempt on the life of a third party, Sabir. The trial court sentenced the appellant to death under Section 302/34 of the Pakistan Penal Code 1860, and to seven years of rigorous imprisonment under Section 307/34 of the Pakistan Penal Code 1860, with sentences ordered to run consecutively. The High Court maintained these convictions and the death sentence. Upon appeal to the Supreme Court, leave was granted solely to examine the sentence, specifically regarding the appellant's claim of acting under the influence of the co-accused. During the proceedings, a compromise was reached with the heirs of the deceased. The Supreme Court held that in light of the compromise, the death sentence should be commuted to life imprisonment. Furthermore, the Court ordered that the sentences for the murder and the attempt to murder run concurrently rather than consecutively, and extended the benefit of Section 382-B of the Code of Criminal Procedure 1898 to both the appellant and the non-appealing co-accused to ensure consistency and equality in sentencing.
- Can a death sentence be commuted to life imprisonment upon a compromise with the legal heirs of the deceased?
- Should sentences for murder and attempted murder run concurrently when they arise from a single transaction?
- Can the Supreme Court extend the benefit of sentencing provisions to a co-accused whose appeal is not formally before the court to ensure consistency?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
1. ' SHAFIUR RAHMAN, J.--Abdur Rehman and Sher Khan were tried for attempting on the life of one Sabir who escaped unhurt but their shots fired at him hit and killed two unconcerned and innocent passengers of the bus, Mst. Maroof Sultan and Imtiaz. The shot fired by Abdur Rchman killed Mst.
2. Maroof Sultan while shot fired by Sher Khan killed Imtiaz. The trial Court held both of them guilty of the offences under sections 302/34, P.P.C. And 307/34, P.P.C. The sentence recorded in the case of Shcr Khan was imprisonment for life and a fine of Rs. 20,000 or in default of payment of fine to suffer further R.I. For two years. Abdur Rehman was sentenced to death and a fine of Rs. 20,0(X) or in default of payment of fine 2 years' R.I. Under Section 307/34, P.P.C. Both were convicted and sentenced to seven years' R.I. And a fine of Rs. 5,0(X). The sentences were ordered VI run consecutively.
3. ' On appeal the High Court maintained the conviction and sentence and the death sentence was confirmed.
4. Both the convicts sought leave to appeal from this Court but it was denied to Sher Khan and also to Abdur Rehman against conviction but the sentence awarded to the latter was permitted to be examined on the ground that Abdur Rehman appellant was under the influence and he acted at the behest of Sher Khan who had been given lesser punishment.
5. At the hearing of the appeal we find that there is a compromise between the appellant and the heirs of Mst. Maroof Sultan. According to the compromise petition, Muhammad Nawaz, her husband is the only surviving heir. He has accepted the compromise and the receipt of the compensation. In view of such a compromise having been entered into and the sentence being only on one count, we would allow the appeal against the sentence and convert it into life imprisonment. Further as the transaction was one involving Sabir alone and incidentally and consequentially the other two deceased, the sentences under sections 307 and 302, P.P.C. Are ordered to run concurrently. Benefit of section 382-B is also allowed.
6. The State Counsel has no objection to the extension of the benefit in the matter of sentence granted to Abdur Rehman to he extended to Sher Khan also, whose appeal is not at present before us formally but he deserves this benefit and of Section 382-B on account of consistency and equality. We accept the appeal to this extent, and make an order in respect of Sher Khan also.