Right of "Qisas" by the 'walis'

Compromise between parties Accused were convicted and sentenced for murder of deceased. During pendency of appeal before the High Court, compromise was effected between the parties, which was duly verified to be genuine by the Trial Court. High Court, however held that present case was of the nature which fell within the definition of fasad-fil-arz and because the accused acted in a brutal manner, the crime committed was outrageous to public conscious, therefore, compounding right of "Qisas" by the 'walis' would not completely exonerate the accused nor could they go without any punishment. High Court convicted the accused under S.311, P.P.C. despite the compromise effected between the parties. Supreme Court held: Section 311, P.P.C. was attracted in cases punishable with "Qisas" and not to cases punishable under "Ta'azir". Section 302, P.P.C was compoundable in view of provisions of S. 345, Cr.P.C. Accused entered into a genuine compromise with the complainant/legal heirs of deceased. No clear evidence was available to constitute the offence involving the element/mischief of fasad-fil-arz, thus the High Court was not justified in law to convert the punishment of the accused to one under S. 311, P.P.C instead of acquitting them on the basis of compromise. High Court had committed a legal error in convicting and sentencing the accused for crime under S. 311, P.P.C., which caused serious miscarriage of justice.

2014 SCMR 1155