MUHAMMAD NAWAZ and others vs STATE
This matter concerns a criminal appeal against a conviction under Section 302 of the Pakistan Penal Code 1860, where the appellant, Muhammad Nawaz Shah, was sentenced to life imprisonment for the murder of two individuals, Syed Nau Bahar Shah and Waryam, alongside convictions for causing injuries to others. The core legal question was whether the court could accept a compromise (compounding of the offence) reached between the accused and the legal heirs of the deceased, given that the heirs had forgiven the accused in the name of Allah and submitted verified affidavits to that effect. The Court, upon verifying the presence and statements of the legal heirs and the injured witnesses, accepted the compromise. The ratio of the decision is that where legal heirs of the deceased have voluntarily forgiven the accused and confirmed this before the Court, the conviction may be set aside. The key principle laid down is that the compounding of offences, particularly in homicide cases, is permissible upon the valid and verified consent of the legal heirs of the deceased, leading to the acquittal of the accused.
- Can a conviction under Section 302 of the Pakistan Penal Code 1860 be set aside based on a compromise reached with the legal heirs of the deceased?
- Is the verification of affidavits by legal heirs in open court sufficient to establish a valid compromise for the purpose of acquittal?
- Does the forgiveness of the accused by the legal heirs of the deceased warrant the immediate release of the convict?
- Section 302, Pakistan Penal Code 1860
- Section 54, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 34, Pakistan Penal Code 1860
ORDER
MUHAMMAD ASIF JAN, J.---Muhammad Nawaz Shah petitioner/appellant was convicted under section 302, P.P.C. read with section 54, P.P.C. and sentenced to imprisonment for life alongwith a fine of Rs,50,000 and in case of default to further R.I. for 2 years. He was also ordered to pay Rs,50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. on two counts, for having caused death of Syed Nau Bahar Shah and Waryam alongwith his brother Riaz Hussain Shah (absconder). Both Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz Hussain Shah were also convicted under section 34, P.P.C. read with section 34, P.P.C. and sentenced to 7 years R.I. alongwith a one of Rs,10,000 each and in case of default in payment of fine were ordered to undergo further R.I. for one year for having caused injuries to Falak Sher and Alamdar Hussain Shah vide judgment/order g Mr. Muhammad Asif Khan, Judge, Suppression of Terrorist Activities Court, Multan Division, Multan, dated 23-4-1996.
2. Syed Nau Bahar Shah left behind the following legal heirs:--
(i) Mst. Ghulam Jannat, mother,
(ii) Mst. Nadira Bukhari, wife,
(iii) Syed Amjad Hussain Shah,son,
(iv) Syed Alamdar Hussain Shah,son,
(v) Hina Bukhari, daughter, and
(vi) Mina Bukhari, daughter Deceased Waryam was survived by the following legal heirs; i. (i) Sheran Bibi, wife i. (ii) Zafar Abbas, son i. (iii) Mst. Sulekhan, daughter i. (iv) Sughran Bibi, daughter, and i. (v) Shamim Bibi, daughter
3. The abovementioned legal heirs of both the deceased have forgiven Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz Hussain Shah in the name of Allah, and have sworn affidavits to that effect which have been placed on record alongwith Identity Cards.
4. The abovementioned legal heirs of both the deceased are also present in Court and have reiterated the correctness and genuineness of their affidavits which are also verified by their learned counsel.
5. The above-mentioned legal heirs of both the deceased pray that Muhammad Nawaz Shah and his brother co-accused Riaz Hussain Shah (absconding accused) be acquitted.
6. Falak Sher and Alamdar Hussain Shah, the two injured witnesses are also present in Court. They have also sworn affidavits, which have been placed on record.
Resultantly, this petition is accepted and Muhammad Nawaz Shah petitioner/appellant and Riaz Hussain Shah (absconding accused) are set at liberty unless required in any other case.
Cited by 4 cases
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