MUHAMMAD TAJ vs THE STATE
This criminal appeal challenges the conviction and death sentence of the appellant Muhammad Taj recorded under Section 302 of the Pakistan Penal Code 1860 in connection with FIR No. 43 dated 11-3-1996 registered at Police Station Sohawa, District Jhelum. During the pendency of the appeal, the appellant filed a criminal miscellaneous application seeking disposal of the matter on the basis of a compromise reached with the legal heirs of the deceased. The authenticity and voluntariness of the compromise were duly verified through a report submitted by the Sessions Judge, Jhelum, and the legal heirs confirmed the same in open court by waiving their right of Qisas in the name of Allah Almighty. The Lahore High Court accepted the compromise, set aside the conviction and sentence, acquitted the appellant of the charge, ordered his immediate release, and answered the connected murder reference in the negative.
- Can a criminal appeal against a conviction under Section 302 of the Pakistan Penal Code 1860 be decided on the basis of a compromise between the convict and the legal heirs of the deceased?
- Whether the verification of a compromise by the Sessions Judge regarding the legal heirs is sufficient for accepting a compromise in a murder case?
- What is the effect of a valid compromise and waiver of Qisas by the legal heirs on the death sentence and conviction of an appellant?
- Section 302, Pakistan Penal Code 1860
BASHIR A. MUJAHID, J.---Muhammad Taj appellant was accused in case F.I.R. No,43 dated 11-3- 1996 registered under section 302, P.P.C. with Police Station Sohawa, District Jhelum at the instance of Sarfraz Khan alias Gull Faraz for commission of murder of his son Muhammad Sheraz.
Muhammad Taj was convicted vide judgment dated 18-12-1997 and was sentenced to death and was also ordered to pay Rs,50.000 as comensation to the legal heirs of the deceased. He has challenged his conviction and sentence through the instant appeal bearing No,1 of 1998.
2. During interregnum the appellant has moved the instant Criminal Miscellaneus bearing No,436- M of 2002. Through the instant application he has prayed that the legal heirs of the deceased Muhammad Sheraz have compromised with the appellant and have forgiven him in the name of Allah Almighty by waiving their right of Qisas therefore, it has been prayed that the appeal be decided on the basis of compromise entered into between the parties.
3. Copy of the compromise alongwith the allied documents were sent to the learned Sessions Judge, Jhelum to verify the compromise and authenticity of the legal heirs. The report dated 20-4- 2002 from the learned Sessions Judge, is placed on the file wherein the learned Judge stated that the Sheraz deceased was unmarried and was survived by his father Gul Faraz alias Muhammad Sarfraz his father Mst. Nasrin Akhtar, his mother. Their statements were recorded by the learned Sessions Judge, Jhelum where they were duly identified by the noteables of the locality. They are also present in Court and affirmed the compromise arrived at between them and the appellant.
4. In view of the facts and circumstances, the instant petition is accepted and the Criminal Appeal bearing No,1 of 1998 is allowed by setting aside the conviction and sentence. The appellant is acquitted of the charge. He shall be released forthwith if not required in any other case.
Death sentence is not confirmed.
Murder Reference No,29 of 1998 is answered in the negative.