IJAZ AHMAD alias IJAZ HUSSAIN vs THE STATE
This matter arises from a criminal petition where the convict petitioner, sentenced to life imprisonment and a fine, filed an application under the Code of Criminal Procedure for the composition of the offence. The core legal question concerned whether the offence could be lawfully compounded based on a compromise between the convict and the legal heirs of the deceased. An inquiry conducted by the District and Sessions Judge, Mianwali, verified that the mother and father of the deceased, being the legal heirs, had indeed compounded the offence with the convict. Accepting the compromise, the Supreme Court allowed the application, set aside the previous order, and acquitted the petitioner of the charge, directing his immediate release unless required in any other case. The principle laid down is that upon a valid compromise being established and verified between the convict and all legal heirs of the deceased, the offence may be compounded resulting in the acquittal of the accused.
- Can an offence resulting in life imprisonment be compounded upon a compromise with the legal heirs of the deceased?
- What is the effect of a verified compromise between the convict and the legal heirs of the deceased on the conviction?
- Whether an application for composition of an offence requires an inquiry and certification by a Sessions Judge?
- Section 345, Code of Criminal Procedure 1898
ORDER
' SHAFIUR RAHMAN, J.---Ijaz Ahmad alias Ijaz Hussain the convict/petitioner sentenced to life imprisonment and fine has moved an application under section 345 of the Criminal Procedure Code for composition of the offence.
2. The inquiry conducted into the matter shows that Gulzar Ahmad deceased had left his mother and father as heirs and they have compounded the offence with the convict. This matter of compromise has been inquired into and certified by Mr. Nazeer Hussain Awan, District and Sessions Judge, Mianwali vide his report dated 10-1-1994.
3. In the circumstances, this application for composition of the offence is allowed. The order under review is set aside and the petitioner is acquitted of I B the charge. He shall be released from detention forthwith unless his continued detention is necessary in some other case.