MUHAMMAD AZAM vs THE STATE
The matter arises from two criminal appeals pending before the Supreme Court of Pakistan against the conviction and sentence of life imprisonment under section 302/34 of the Pakistan Penal Code. An application for effecting a compromise was filed by the legal heirs of the deceased on behalf of one of the convicts, Muhammad Azam. The core legal question concerned whether a valid compromise/composition of the offence is permissible in a case involving a sentence of life imprisonment under the relevant provisions of the Pakistan Penal Code and the Code of Criminal Procedure as amended by Ordinance No. I of 1991. The Court held that such a composition is possible with the permission of the Court. To ensure the genuineness, voluntariness, and propriety of the compromise, particularly safeguarding the interests of minor heirs, the Court ordered an inquiry to be conducted through the District Magistrate of Okara via an Executive Magistrate, requiring a report within one month.
- Whether a compromise can be effected with only one of the convicts in a murder case?
- Is a composition of an offence permissible with the permission of the Court in cases involving life imprisonment under the amended laws?
- How must the Court ascertain the genuineness and voluntariness of a compromise involving minor legal heirs?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 309, Pakistan Penal Code 1860
- Section 310, Pakistan Penal Code 1860
- Section 338-E, Pakistan Penal Code 1860
- Section 338-H, Pakistan Penal Code 1860
- Section 345, Code of Criminal Procedure 1898
- Ordinance No. I of 1991
ORDER
' SHAFIUR RAHMAN, J---Two Criminal Appeals (Cr. A.No,108/1989 and 122/1989), one of which (CrA.
122/89) arises out of a Jail Petition, are pending in this Court against the conviction and sentence of Muhammad Azam and Khandoo under section 302/34, P.P.C. Both have been finally sentenced to undergo life imprisonment.
2. An Application (Cr.M.P.No,64-L/90) has been filed on behalf of the heirs of Muhammad Ilyas deceased (a widow, five adult children and three minors, through their mother) for effecting compromise with Muhammad Azam convict alone, in view of the close relationship and other factors including the injunctions of Islam. When the application came up for hearing, today, after notice to the learned Advocate-General, we found that not all the heirs were present to confirm the compromise, the terms thereof, the genuineness and voluntariness of it. After examining section 345, Cr.P.C. As amended, alongwith Ordinance No,I of 1991 enforced on 4th of January, 1991, we have formed the impression reading section 338-E and section 338-H, and sections 309 and 310 of the Pakistan Penal Code as amended by the said Ordinance, that such a composition, with the permission of the Court, is possible.
3. In order to satisfy ourselves with regard to the genuineness, the voluntariness and the propriety of permitting such a compromise it is appropriate and so ordered to get an enquiry held through the District Magistrate of Okara by an Executive Magistrate, who will examine all the heirs of the deceased Muhammad Ilyas (the minors through their mother or any guardian, if appointed by Court), in order to ascertain the terms of the compromise, its genuineness and voluntariness and also reporting whether the interest of the minors has been properly ensured or not. The list of the heirs, as supplied in the application is as hereunder:-
(1) Mst. Waziran Bibi--Widow.
(2) Ghulam Nabi--Son.
(3) Munir Ahmad--Son.
(4) Muhammad Siddique--Son.
(5) Muhammad Umer--Son.
(6) Raza Elahi--Daughter.
(7) Abdullah--Son.
(8) Muhammad Sarwar--Minor son aged 17 years.
(9) Ghulam Hussain--Minor son aged 12 years.
(10) Rashida Bibi--Minor daughter aged 15 years.
' All being residents of Chak No,3/48, presently residing in Chak Anokh Singh, Tehsil Depalpur, District Okara.
' The Report be made available by the District Magistrate within a month from the date of receipt of this Order which should be communicated by the District Magistrate through the Registrar of this Court.