LIAQAT ALI vs THE STATE
This matter arises from a petition filed by Liaqat Ali, who stood convicted under Section 302 and Section 307 of the Pakistan Penal Code 1860 for causing the death of Habibullah and making a murderous assault on Noor Muhammad. The core legal question concerns the effect of a genuine compromise between the petitioner and the major legal heirs of the victims. The Supreme Court of Pakistan held that in view of the compromise, where the heirs have forgiven the petitioner and the State does not oppose giving effect to the same, the petition should be converted into an appeal, and the conviction and sentence ought to be set aside. The key principle laid down is that valid compromises between parties in criminal matters regarding compoundable offences lead to the acquittal and release of the accused.
- Can a criminal petition be converted into an appeal upon a compromise between the parties?
- Whether conviction and sentence can be set aside based on a compromise verified in the chamber of a judge?
- Do major legal heirs of victims have the right to forgive an offender in offences involving murder and assault?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
ORDER
1. The petitioner stands convicted under section 302, 1.P.C. For causing the death of Habibullah and under section 307, P.P.C. For making murderous assault on Noor Muhammad who has-also since died. The heirs of Habibullah and Noor Muhammad appeared in the Chamber of Mr. Justice Wali Muhammad Khan and stated that they had entered into compromise with the heirs of the victims petition and in pursuance thereof the heirs have forgiven the petitioner. All the heirs are major.
2. ' Learned counsel for the State does not oppose the compromise on the giving effect to the same.
3. ' This petition is converted into appeal and in view of compromise between the parties, the conviction and sentence of the petitioner are set aside. He shall be acquitted and released forthwith if not required in any other case.