MUHAMMAD RAMZAN alias RAMZANI vs THE STATE
This matter concerns a Jail Petition filed by the petitioner, Muhammad Ramzan, who was awarded the death penalty for murder. Following a compromise reached between the petitioner and the legal heirs of the deceased, Mst. Amiran Bibi, the heirs appeared before the Supreme Court and confirmed that the compromise was entered into voluntarily and without coercion, stating they had forgiven the petitioner in the name of Allah. The core legal question was whether the Court could accept the compromise and waive the right of Qisas, and what the appropriate sentencing consequence should be given the petitioner's history of prior criminal conduct. The Supreme Court held that the right of Qisas was waived by the legal heirs. However, noting the petitioner's previous acquittal in a separate murder case involving the sister of the deceased—also based on a compromise—the Court invoked the principle of 'Fisad-fil-Arz'. Consequently, the Court accepted the compromise but convicted the petitioner under 'Ta'zir', commuting the death sentence to 14 years of rigorous imprisonment, with the benefit of section 382-B, Code of Criminal Procedure 1898.
- Can a court accept a compromise in a murder case while simultaneously imposing a sentence under Ta'zir?
- Does the principle of 'Fisad-fil-Arz' apply when an accused has a history of prior acquittals based on compromises in similar capital cases?
- Is the waiver of the right of Qisas by legal heirs binding upon the court in the context of sentencing?
- Section 311, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
1. SAIDUZZAMAN SIDDIQUI, J.---In the above Jail Petition the parties have filed a compromise stating that the legal heirs of the deceased Mst. Amiran Bibi have forgiven the accused petitioner in the case and they pray that in view of the terms of compromise, the death punishment awarded to the petitioner be set aside and he may be set at liberty. On 11-2-1996 when this case came up for hearing, the Court directed issuance of notice to all the legal heirs of the deceased to appear on 17-3-1996 so that it may be ascertained whether the compromise between the parties is genuine and voluntary. Mst. Amiran Bibi, deceased, is survived by the following legal heirs:-- (1)Sajwar Khan s/o Ahmad Khan Father (2)Zafar Iqbal Brother (3)Muzaffar Iqbal Brother (4)Mst. Suban Mai Sister (5)Bahawal Khan alias Muhammad Iqbal alias BalaHusband In response to the notice, the legal heirs of the deceased Mst. Amiran Bibi, named above, appeared in Court today and stated that the compromise has been entered into between the parties genuinely, without any pressure or coercion from any body and that they have forgiven the accused petitioner in the name of Allah to bring harmony in the family. In view of the categorical statement of the legal heirs of deceased made in Court, we do not find any reason to reject the compromise and hold that the right of 'Qisas' has been waived against the petitioner. However, keeping in view the fact that the petitioner had earlier committed murder of the sister of the deceased in the case and was acquitted of the charge in that case also on the basis of compromise, the principle of 'Fisad-fil-Arz' is fully attracted in the case. We, accordingly, while accepting the compromise in the case, convict the petitioner by way of 'Ta'zir' under section 311, P.P.C. And sentence him to R.I. For 14 years. The petitioner will, however, be entitled to the benefit of section 382-B, Cr.P.C. The death sentence in the case, accordingly, stands commuted to R.I. For 14 years.
Cited by 6 cases
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- JAVED IQBAL vs The S.H.O. and others 2013 PLJ Lahore 349, 2013 P Cr. L J 1394
- JAVED IQBAL, Ex. No, 1079940, SOWAR vs S.H.O., etc. 2013 PLJ Lahore 349
- Zulfiqar Ali Kachelo @ Ali & others vs The State