MUHAMMAD RAFIQUE and anothers vs THE STATE
This matter arises from a criminal petition for leave to appeal before the Supreme Court of Pakistan concerning convictions under the Pakistan Penal Code. The core legal question involves the effect of a genuine compromise between the legal heirs of the deceased and the convicts in a murder case. The court held that where the father and mother of the unmarried deceased affirmed a compromise and acknowledged receipt of compensation, the conviction under section 302 can be set aside based on such compromise. The key principle laid down is that compounding of offences resulting in acquittal is permissible upon satisfaction of a valid compromise between the parties, though distinct non-compoundable charges such as those under section 307 remain unaffected.
- Can a conviction under section 302 read with section 34 of the Pakistan Penal Code be set aside on the basis of a compromise between the parties?
- Does a compromise regarding a murder charge affect a separate conviction under section 307 of the Pakistan Penal Code where no compromise has taken place?
- Section 302, Pakistan Penal Code
- Section 34, Pakistan Penal Code
- Section 307, Pakistan Penal Code
ORDER
' SAAD SAOOD JAN, J.---The parties have entered into a compromise. The deceased was still unmarried at the time of his death. His father and mother are present in Court. They affirm that a compromise has in fact taken place. Mr. Asghar Rokhri, counsel for the complainant is also present on their behalf and knows the parties personally as they all belong to the same village. The father and mother of the deceased acknowledged that they have received Rs 1,00,000 by way of compensation from the petitioners. Counsel for the State has no objection if the compromise is given effect.
2. This petition is converted into appeal and allowed. The convictions of the petitioners on the charge under section 302 read with section 34, Pakistan Penal Code, are set aside and they are acquitted.
3. The petitioners were also convicted of the offence under section 307 read with section 34, Pakistan Penal Code, for making murderous assault upon Aziz Jehan Khan. There has been no compromise between the parties in respect of this offence. Consequently, this order will not affect the petitioners' conviction in respect of the offence under section 307 read with section 34.