KHALID ZAMAN and others vs THE STATE and others
This matter concerns a petition for leave to appeal filed by Khalid Zaman against a judgment of the Peshawar High Court, which had modified his conviction for murder under Section 302, Pakistan Penal Code 1860, to a conviction under Section 304, Part I, Pakistan Penal Code 1860, with a reduced sentence of ten years' rigorous imprisonment. The core legal question was whether the court could accept a compromise reached between the petitioner and the legal heirs of the deceased to set aside the conviction and sentence. Upon review, the Supreme Court of Pakistan found the compromise to be genuine, noting that the heirs had received the Diyat amount of Rs. 172,000 and had affirmed the settlement through affidavits and personal appearance. Consequently, the Court accepted the compromise, converted the petition into an appeal, and acquitted the petitioner. The key principle laid down is that where a genuine compromise is effected between the accused and the legal heirs of the deceased regarding Diyat, the court may accept such compromise to acquit the accused, thereby rendering petitions for enhancement of sentence infructuous.
- Can a conviction be set aside by the Supreme Court based on a compromise between the accused and the legal heirs of the deceased?
- Does the payment of Diyat to the legal heirs of the deceased constitute a valid ground for acquittal in a criminal case?
- What is the effect of a valid compromise on pending petitions for enhancement of sentence?
- Section 302, Pakistan Penal Code 1860
- Section 304, Part I, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 245, Code of Criminal Procedure 1898
1. ' WALI MUHAMMAD KHAN, J.---Khalid Zaman, petitioner herein, seeks leave to appeal against the judgment dated 29-6-1992 passed by a learned Division Bench of the Peshawar High Court, whereby Criminal Appeal No,85/91 against his conviction and sentence under section 302, P.P.C. For committing murder of one Matiur Rehman, vide judgment of the Sessions Judge, Charade dated 11-6-1991, for imprisonment for life and fine of Rs,15,000 was modified, the conviction under section 302, P.P.C. Was converted to under section 304, Part I, P.P.C. And sentence reduced to ten years' R.I.
2. And fine of Rs,15,000 or in default two years' R.I. And also to pay a sum of Rs,15,000 as compensation to the heirs of the deceased under section 544-A, Cr.P.C. Or to suffer six months R.I.
3. ' The petitioner has effected compromise with the heirs of the deceased and submitted cc promise pro forma along with the necessary affidavits which were scrutinized though chamber processing.
4. Muhammad Saeed Khan, School Teacher, Government Primary School, Saidu Sharif, Swat appeared in Chamber processing and deposed that Mst. Tajmina is the sister of the deceased, Hamzullah and said Akram are his uncle and that besides them the deceased left no other Shari heirs. According to him, the compromise is genuine and the heirs have received Rs,172000 as Diyat.
5. Mst. Tajmina, Hamzullah and Said Akram, heirs, also deposed that they had received Rs,1,72,000 as Diyat and have patched up the matter with the accused. Mian Shakirullah Jan, Advocate, for the petitioner Said Akram in C.P.No,44-P/92, in view of the compromise, stated that he does not press his petition and the same may be dismissed as withdrawn.
6. ' We are satisfied with the genuineness of the compromise and by accepting the same, we convert this petition into appeal and by allowing the same on the basis of the compromise, acquit the accused/petitioner under section 245, Cr.P.C. The Criminal Petitions Nos.44-P and 45-P of 1992 filed by Said Akram, complainant, for the enhancement of sentence automatically stand dismissed.
Cited by 3 cases
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- Zulfiqar Ali Kachelo @ Ali & others vs The State