PLJ 2021 Cr.C. (Note) 20
Pakistan Penal Code, 1860 (XLV of 1860)--
----Ss. 302/34--Conviction & sentence--Acquittal of co-accused on basis of compromise--Calling of report regarding genuineness of compromise from ASJ--Statement of legal heirs--Acceptance of compromise--Acquittal of--As report from learned Sessions Judge Sialkot has been received which is complete in all aspects, therefore, after having gone through said report of District and Sessions Judge Sialkot and statements annexed therewith, appears that compromise has been arrived at between parties for mutual harmony and Court sees no reason not to accept same as it appears that same is genuine and without \ any coercion, duress, pressure, compulsion, deception or threat coupled with fact that it is according to settled principles of superior Courts of country including Apex Court and there seems no reason to convict appellant under Section 311, PPC--Resultantly this compromise is accepted, appeal is allowed--Appeal was allowed. [Para 4] A
Mr. Shah Nawaz Khan Niazi, Advocate for Appellant.
Ch. Muhammad Mustafa, Deputy Prosecutor General for State.
Nemo for Complainant.
Date of hearing: 29.8.2011.
PLJ 2021 Cr.C. (Note) 20
[Lahore High Court, Lahore]
Present: Manzoor Ahmad Malik and Sayyed Mazahar Ali Akbar Naqvi, JJ.
versus
STATE--Respondent
Crl. A. No. 272-J & M.R. No. 445 of 2007, heard on 29.08.2011.
Judgment
Manzoor Ahmad Malik, J.--Yasir appellant through this appeal has challenged his conviction and sentence recorded by the learned Sessions Judge Sialkot vide judgment dated 20.06.2007 in case FIR No. 251/2004 dated 14.08.2004 offence under Sections 302/34, PPC registered at Police Station Rangpura District Sialkot whereby the appellant alongwith his co-accused namely Naeem alias Deemi was convicted and sentenced as under:
“29 ... therefore, both the accused Naeem alias Deemi and Yasir are convicted under Section 302(b)/34, PPC and are awarded normal penalty of death sentence and subject to the confirmation by the Honourable Lahore High Court, Lahore both the accused shall be hanged by neck till they are dead. They shall also pay Rs. 1,00,000/- each, as compensation to the legal heirs of the deceased u/S. 544-A, Cr.P.C. and the amount if recovered be paid to the legal heirs of the deceased and in default of the same to undergo SI for Six months each ...”
The learned trial Court has sent Murder Reference No. 445 of 2007 for confirmation or otherwise of the sentence of death.
2. During the pendency of the titled appeal, Yasir (appellant) filed Crl. Misc. No. 1631-M of 2010 for his acquittal on the basis of compromise, whereupon report was called from the learned District and Sessions Judge, Sialkot, however, the said application was dismissed as not pressed, vide order dated 18.01.2011. Thereafter second petition bearing Crl Misc. No. 1266-M of 2011 was filed by Yasir (appellant) for his acquittal on the basis of compromise, whereupon again report was called from the learned District and Sessions Judge, Sialkot regarding genuineness or otherwise of the compromise, who, vide letter No. 1610 dated 23.06.2011, has reported that statements of Mst. Surayya Begum (widow), Ijaz Ahmad (son), Muhammad Nawaz (son), Shamim Akhtar (daughter), Samra Shahzadi (daughter) and Shahida Bibi (daughter) of Muhammad Saleem have been recorded. It is pertinent to mention here that Imtiaz Ahmad (son of the deceased) was abroad and an affidavit alongwith special power of attorney duly executed by said Imtiaz Ahmad son of the deceased in favour of Mst Surayya Begum (widow of the deceased) was placed on record. Through their statements all the legal heirs have conceded the factum of effecting a valid and bona fide compromise with Yasir (appellant) and they being legal heirs of deceased have forgiven Yasir (appellant) in the name of Almighty Allah without receiving any compensation. They have also waived their right of qisas and diyat. All the legal heirs of the deceased have also deposed that they have no objection if Yasir (appellant) is acquitted in this case. It was thus submitted by the learned District and Sessions Judge Sialkot that a valid compromise has been effected between the legal heirs of Muhammad Saleem (deceased) and Yasir (appellant).
3. The learned Deputy Prosecutor General, after having gone through the report of the learned Sessions Judge and statements annexed therewith, submit that the State has no objection to the acceptance of the compromise.
4. As the report from the learned Sessions Judge Sialkot has been received which is complete in all aspects, therefore, after having gone through the said report of the learned District and Sessions Judge Sialkot and the statements annexed therewith, it appears that the compromise has been arrived at between the parties for mutual harmony and the Court sees no reason not to accept the same as it appears that the same is genuine and without any coercion, duress, pressure, compulsion, deception or threat coupled with the fact that it is according to the settled principles of the superior Courts of the country including the Apex Court and there seems no reason to convict the appellant under Section 311, PPC. Resultantly this compromise is accepted, the appeal is allowed, the impugned judgment to the extent of Yasir (appellant) is set aside. The appellant is acquitted from the case and he is directed to be released forthwith if not required to be detained in any other case.
5. Murder Reference No. 445 of 2007 is answered in the NEGATIVE and the sentence of death awarded to Yasir (convict) is NOT CONFIRMED.
(M.M.R.) Appeal allowed
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