SHABBIR AHMAD alias MUHAMMAD AKRAM and otherss vs THE STATE
This criminal appeal arises from a judgment of the Additional Sessions Judge, Gujranwala, whereby the appellants were convicted and sentenced under Section 302(b) of the Pakistan Penal Code. During the pendency of the appeal, an application for acquittal based on a compromise was filed under Section 345(2) of the Code of Criminal Procedure read with Sections 309 and 310 of the Pakistan Penal Code. The core legal question was whether a valid compromise could be effected and accepted on behalf of minor legal heirs through their appointed guardian in a murder case, and whether Badl-e-Sulh adequately protected their interests. The Lahore High Court held that since the court-appointed guardian of the minor heirs voluntarily compounded the offence after receiving a property transfer as Badl-e-Sulh safeguarding the minors' interests, the compromise was genuine and legally acceptable. The court laid down the principle that a compromise involving minor legal heirs can be accepted in a compoundable criminal case provided their guardian acts in their best interest and court safeguards the transferred property until the minors attain majority.
- Can a compromise be effected on behalf of minor legal heirs in a murder case through their court-appointed guardian?
- Whether the court can accept a compromise involving the transfer of immovable property as Badl-e-Sulh for minor heirs?
- What conditions must be met to protect the interests of minor legal heirs when a criminal offense is compounded?
- Section 302(b), Pakistan Penal Code
- Section 345(2), Code of Criminal Procedure 1898
- Section 309, Pakistan Penal Code
- Section 310, Pakistan Penal Code
1. ' KHAWAJA MUHAMMAD SHARIF, J.--- This judgment will dispose of Criminal Appeal No,582 of 2000 filed by Shabbir Ahmad alias Muhammad Akram and Muhammad Aslam, appellants who were convicted and sentenced by learned Additional Sessions Judge. Gujranwala vide his judgment dated 19-4-2000 under section 302(b), P.P.C. To death each and to pay Rs, One lac each as compensation to the legal heirs of the deceased, in default six months' S.I.
2. During pendency of the appeal, an application under section 345(2), Cr.P.C. Read with sections 309 and 310, P.P.C. Bearing Criminal Miscellaneous No,409/M of 2002 was moved on behalf of the appellants praying therein that they be acquitted of the charge on the basis of compromise arrived at between them and the legal heirs of the deceased. A copy of the application alongwith allied documents was sent to the learned Sessions Judge, Gujranwala for report, which has been received. According to the report, Muhammad Arshad deceased left behind the following legal heirs:--
(1) Muhammad Ameen (son) aged 10 years
(2) Muhammad Naseem (son) aged 8 years.
(3) Muhammad Kaleem (son) aged 6 years.
2. ' As the above named legal heirs of the deceased are minor, therefore, their real paternal-uncle namely, Muhammad Sharif son of Budha Khan, who being appointed as guardian of the persons and property of the minors by a Guardian Judge at Lahore, appeared before the learned Sessions Judge and made a statement on oath in support of the fact of compromise with the convicts.
3. According to him, his deceased brother had three sons mentioned supra and the parents of the deceased had died a long time ago whereas, A the wife of the deceased Mst. Irshad Bibi is a convict in this case and presently. She is absconding. He confirmed the fact of compromise with the convicts as of Shabbir Ahmad alias Muhammad Akram and Muhammad Aslam only, and compounded the offence on behalf of the minor legal heirs after receiving "Badl-e-Sulh" i,e, a house measuring 4 Marlas and 133/272 square feet, situated at Mouza Khali Shahpur, Gujranwala, the approximate market value thereof is Rs,3,50,000. He waived the right of Qisas on behalf of the minors. He claimed that the compromise has been effected voluntarily and with his own free will, without any duress, coercion or undue influence. He expressed his no objection if both the convicts are acquitted of the charge of murde, of his deceased brother.
4. ' We have gone through the report submitted by Sessions Judge, Gujranwala. According to the report, the deceased was survived by three minor sons mentioned above. The convicts-appellants have transferred through mutation, a house valuing Rs,3,50,000 as a' "Badl-e-Sulh". The possession of the house has also been delivered to the guardian of the minors. To our mind, the interest of the minors has been fully protected and the parties have compounded the offence of their own free will and without any coercion from any side. We have, therefore, no hesitation in allowing the compromise. It is of much importance to note that the property so transferred in favor of the minors shall not be disposed of by any body till the minors become of the adult age. A report of this effect shall also be made in the Roznamcha Waqiati by the Tehsildar. A copy, of the endorsement so made and that of the Roznamcha Waqiati shall be transmitted to this Court through D.R. (Judi.) which shall be made part of the judicial file.
5. ' Resultantly, we accept this appeal on the basis of compromise arrived at between the parties, set aside the conviction and sentence of the appellants and order their acquittal of the charge. They are directed to be released from jail forthwith, if not required to be detained in any other case.