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Constitution of Pakistan (1973)

-- Art. 185-Penal Code (XLV of 1860), S. 302-Death sentence Father of deceased (legal guardian of children of deceased) compromising matter with. accused outside Court-Rupees one lac and fifty thousand agreed to be paid to legal heirs of deceased-Compromise arrived at between parties, held, constituted a sufficient mitigating circumstance for reducing sentence of death to imprisonment for life.-[Sentence-Compromise].

Muhammad Bashir v. The State P L D 1982 S C 139 ref.

Mahmud All Qasuri, Advocate Supreme Court and .M. A. Qureshi, Advocate-on-Record for Appellant.

Talib H. Rizvi, Advocate Supreme Court and Syed Ali Imam Naqvi, Advocate-on-Record for the Complainant.

M. M. Saeed Baig, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for the State.

Date of hearing : 9th February, 1.985.

ASLAM RIAZ HUSSAIN, J.-Muhammad Rafiq son of Muhammad Hussain, appellant was tried by the learned Sessions Judge, Gujranwala, for the murder of Muhammad Younis. He was convicted under section 302, P. P. C. and sentenced to death. He filed an appeal before the High Court and the matter was also sent to it for confirmation of the death sentence. The High Court dismissed the appeal and confirmed the sentence of death.

The appellant then approached this Court through a petition for leave to appeal and leave was granted to him by this Court on 10-3-1982.

2. The matter has come up for hearing today and we are informed that Muhammad Yousaf father of the deceased has compromised the matter with the appellant outside the Court. The deceased has left behind two daughters Mst. Rubi and Mst. Zubi. The widow of the deceased has since remarried. Muhammad Yousaf (father of the deceased) is, therefore, the, legal guardian of the two girls and they are living with him.

< [if supportLists]>3. The parties have filed a written Compromise Deed signed by the learned A. O. Rs. for the parties. According to the compromise an amount of Rs. 1,50,000 was to be paid by the appellant to the heirs of deceased. An amount of Rs. 70,000 was given in advance outside the Court and the remaining amount of Rs. 80,000 has been handed over to Muhammad Yousaf in the presence of the Court.

In view of .the decision of this Court in Muhammad Bashir v. The State (P L D 1982 S C 139) we feel that, in the circumstances of this case, the compromise arrived at between the parties constitutes a sufficient mitigating circumstance for reducing the sentence of death awarded to the appellant to that imprisonment for life. The . appeal is, therefore, partly accepted and the sentence of the appellant is reduced from death to that imprisonment for life.

The appellant should also be given the benefit of section 382-B, Cr.P.C.

M.Z.M. Appeal partly accepted.

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