PLJ 2023 Cr.C. (Note) 195
[Lahore High Court, Lahore]
Present: Sardar Muhammad Sarfraz Dogar, J.
MUHAMMAD WAKEEL--Appellant
versus
STATE etc.--Respondents
Crl. A. No. 236801-J of 2018, heard on 27.2.2023.
Pakistan Penal Code, 1860 (XLV of 1860)--
----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Legal heirs of deceased entered into compromise--Compromise effected between parties is voluntary, genuine, without duress, threat or coercion--Therefore, in interest of justice with a view to promote peace and harmony between families concerned as well as in society, permission to compound offence of Qatl-i-Amd of deceased is granted-- There are no circumstances attracting provisions of Section 311, P.P.C. as all families have decided to live peacefully after forgetting unfortunate incident--Appeal allowed.
[Para 7 & 8] A & B
Rai Ishfaq Ahmad Kharal, Advocate for Appellant.
Complainant in person.
Mr. Ikram Ullah Khan Niazi DPG for State.
Date of hearing: 27.2.2023.
Judgment
Muhammad Wakeel son of Muhammad Rafique (appellant) was tried in case FIR No. 768 of 2015, dated 04.12.2015, registered at Police Station Bhikhi, District Sheikhupura, in respect of offences under Sections 302 and 34, PPC for committing the Qatl-i-Amd of Mst. Rukhsana Bibi (deceased). The learned trial Court vide judgment dated 09.02.2017 convicted the appellant/convict and sentenced him as infra:
Imprisonment for life under Section 302 (b) PPC as Ta’zir. He was also held liable to pay compensation of Rs. 100,000/- in terms of Section 544-A of Cr.P.C. to legal heirs of the deceased and in case of default thereof, he shall further undergo simple imprisonment for a period of six months. Benefit of Section 382-B, Cr.P.C. had also been extended to the convicts.
2. Feeling aggrieved, appellant (convict) lodged Criminal Appeal No. 236801-J of 2021 assailing the judgment dated 09.02.2017 passed by the learned Sessions Judge, Sheikhupura, whereby the appellant was convicted and sentenced for offence punishable under Sections 302 (b), PPC.
3. During pendency of appeal, the appellant moved an application under Section 345, Cr.P.C. vide Criminal Miscellaneous No. 02-M of 2022 seeking permission to effect compromise as legal heirs of the deceased Mst. Rukhsana Bibi had compounded the offence and waived their right of Qisas and Diyat in the name of Almighty Allah and they have no objection if the appellant is acquitted of the charge against him.
4. Vide order dated 23.11.2022, the learned Sessions Judge, Sheikhupura was directed to submit report about genuineness of the compromise arrived at between legal heirs of the deceased and the appellants. According to the report of the learned Sessions Judge, Sheikhupura dated 02.02.2023, deceased Mst. Rukhsana Bibi was survived by the following legal heir:-
1 | Jameel Ahmad | (Father) |
2 | Bilqees Bibi | (Mother) |
3 | Maryam Wakeel | (daughter) |
4 | Shan Wakeel | (son) |
5 | Sobia Wakeel | (daughter) |
6 | Noor Fatima | (daughter) |
5. Learned Sessions Judge in his report dated 02.2.2023 clearly mentioned that he is convinced that legal heirs of deceased Mst. Rukhsana Bibi have entered into compromise with Muhammad Wakeel appellant/convict with their own free will and consent without any duress or coercion and have shown no objection on acquittal of convict/appellant. Compounding of offence by the legal heirs of deceased appears to be genuine and of voluntary in nature.
6. Learned Deputy Prosecutor General on behalf of the State after having gone through the entire record has verified that the compromise arrived at between the parties is genuine, voluntary, with free will and consent.
7. In view of the above, this Court is satisfied that the compromise effected between the parties is voluntary, genuine, without duress, threat or coercion. Therefore, in the interest of justice with a view to promote peace and harmony between the families concerned as well as in the society, permission to compound the offence of Qatl-i-Amd of deceased namely Mst. Rukhsanas Bibi is granted.
8. There are no circumstances attracting provisions of Section 311, P.P.C. as all the families have decided to live peacefully after forgetting unfortunate incident.
9. Accordingly Criminal Miscellaneous No. 2 of 2022 is accepted. Consequently, Criminal Appeal No. 236801-J of 2018 is allowed on the Basis of compromise. Resultantly, conviction and sentence of the appellant namely Muhammad Wakeel under Section 302(b), PPC for the offence of Committing Qatl-i-Amd of Mst. Rukhsana Bibi passed by the learned Sessions Judge, Sheikhupura vide judgment dated 09.2.2017 is set aside. The appellant Muhammad Wakeel is ordered to be acquitted. The appellant is directed to be released forthwith if not required in any other case.
(A.A.K.) Appeal allowed
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