MUHAMMAD HANIF vs THE STATE

ORDER

' ABDUL SHAKURUL SALAM (CHAIRMAN).--- Muhammad Hanif alongwith five others was tried under section 148/302/149, P.P.C. For causing the death of Muhammad Ashraf on 9-11-1991 at about 4-45 p.m. Within the area of Police Station Qutabpur, District Multan, by the learned Judge Special Court for Speedy Trials, Multan, who found that "the prosecution has failed to bring home the charge and I acquit all the accused except Muhammad Hanif accused who has confessed his guilt in defence".

' Muhammad Hanif had made the following statement under section 342, Cr.P.C.:-- "I myself caused the death of Muhammad Ashraf under the state of grave and sudden provocation when he disgraced and dragged my wife on the date of this incident."

' The learned Judge held Muhammad Hanif guilty under section 302(c), P.P.C. And sentenced him to ten years' R.I. And also directed him to pay Rs,25,000 as arsh to the heirs of the deceased: in default to further undergo two years' R.I. Benefit of section 382-B, Cr.P.C. Was extended to him. This is vide judgment, dated 1-6-1992.

2. Muhammad Hanif has filed the aforetitled appeal. During its pendency, pro forma for effecting compromise with affidavits of Sher Din, father and Mst. Raisa, wife of the deceased were filed saying that the heirs of the deceased have forgiven Muhammad Hanif convict in the name of Allah.

When the matter came up for hearing on 6-10-1992 it was stated that the compromise has been arrived at as in another counter-case of murder the parties have entered into a compromise. Copy of the compromise alongwith annexures was sent to the learned Additional Sessions Judge, Multan for verification of the heirs of the deceased Muhammad Ashraf and as to whether the compromise was voluntary and in order. The learned Additional Sessions Judge, Multan has reported vide memo. No,248, dated 13-10-1992 that he has recorded the statements of Sher Muhammad, father; Mst. Majida Bibi, mother, and Mst. Raisa Bibi, widow of the deceased Muhammad Ashraf as well as that of Sheikh Jamal Din, Councillor of Ward No,41, Municipal Corporation, Multan. All have granted pardon to the convict Muhammad Hanif and waived their right of Qisas. It was also added that the parties had also compromised in the connected case titled Zulfiqar and three others v. The State' pending before that Court and all the accused had been acquitted. A certified copy of the judgment, dated 12-10-1992 is placed on record.

3. Since the deceased had left six minor children, the question arose; whether Qisas could be waived on their behalf by their 'mother as she had said so.

4. Today at the hearing the learned counsel for the complainant Mr. Muhammad Munir Khan stated that against the judgment under appeal, the State had filed an appeal before the Supreme Appellate Court, wherein it was held that Qisas will not be liable in such a situation', i,e. In the circumstances of this case. The judgment is reported as 'The State v. Muhammad Hanif and 5 others' 1992 SCMR 2047. Therefore, the learned counsel contends that sections 309 and 310, P.P.C.

Relating to right of Qisas are not applicable. The matter is governable under section 345, Cr.P.C.

And thereunder the compromise entered into by the father, mother and widow on her own behalf and on behalf of her minor children may be allowed. The parties have also compromised in the other murder case in which they stood in converse position.

5. Learned counsel appearing for the State agrees with the legal submission of the learned counsel for the complainant and states that compromise may be allowed.

6. Learned counsel, for the convict-appellant, of course, requests for acceptance of the compromise.

7. In view of the above, the compromise is allowed. The appellant is acquitted. He shall be released forthwith if not wanted in any other case.

Compromise allowed.