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Criminal Appeal No. 18 of 1981, decided on 25th November, 1984.

(On appeal from the judgment, dated 16‑9‑1980 of the Lahore High Court, Lahore in Criminal Appeal No. 96 of 1978).

‑‑‑Art.185‑‑Penal Code (XLV of 1860), S.302‑‑Compromise‑‑Death sentence imposed on accused who killed his wife having minor children‑ Parties having resolved their differences entering into compromise and heirs of deceased, of their own free will and without any pressure, coercion, deception or anything of the kind, stating before Supreme Court that they had pardoned accused and that accused family had paid Rs.10,000 as compensation and both parties praying to Court to pardon accused in view of compromise‑‑Supreme Court finding compromise as a fair settlement, maintained conviction of accused under S.302, P.P.C. set aside death sentence passed against him and reduced sentence to life imprisonment with benefit of S.382‑B. Cr.P.C. in circum stances.‑‑

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

M. Kaukab lqbal, Advocate Supreme Court for Appellant.

Rao M. Yousuf Khan, Advocate Supreme Court on behalf of A.‑G. Punjab for the State.

Date of hearing: 25th November, 1984.

‑‑ The appellant, Jahanzeb, aged 30 years, was convicted under section 302, P.P.C. for murdering his wife, Mst. Nasim Akhtar aged 22 years and sentenced to death. The sentence having been confirmed on reference; by the High Court and his appeal against his conviction having been dismissed hence this appeal before us.

The appellant and his wife Mst. Nasim Akhtar are first cousins but their‑marriage was disaster. The appellant was a habitual gambler and suffered from other vices and good for nothing. However, two children were born out of this unhappy wedlock.

Since the appellant could not maintain his wife who was living in misery the elders of both the families, namely, the father of the girl, Mannah Khan as also the father of the appellant, Faqir Muhammad, had decided that the union should be ended and the appellant should divorce his wife. This decision appears to have infuriated the appellant, who fell upon his wife with a knife and murdered her inflicting 12 knife injuries on her person. This was on 31‑10‑1974.

In the meanwhile, during these ten years, the bitterness caused by this terrible act of the appellant and the reality that the two minor children will become orphans, if the sentence of death passed on their father is executed, has resulted in persuading the families to forgive and forget. Accordingly, today when the appeal came up for hearing the father of the deceased girl, Mannah Khan, and the mother of the appellant appeared before us and submitted that the parties have resolved' their differences and entered into a compromise. The heirs of the deceased, of their own free will and without any pressure, coercion, deception or anything of the kind, have pardoned the appellant Jahanzeb and that the latter has paid Rs.10,000 as compensation to the heirs of the late Mst. Nasim Akhtar. Both the parties prayed this Court to pardon the appellant in view of this development.

We are, after having questioned the father of the deceased girl, Mannah Khan, satisfied that fair settlement has been arrived at between the parties and are inclined to accept it. Mannah Khan, the father of the deceased girl and grand‑father of the minor children has undertaken before us to deposit the amount of Rs. 10,000 in some fixed deposit account in the name of the minor children. We would, therefore, as laid down in Muhammad Bashir v. The State P L D 1982 S C 139, accept the appeal to the extent that while maintaining the conviction of the appellant under section 302, P.P.C. set aside the sentence of death passed against him and reduce the sentence to life imprisonment and also direct that he shall be granted the benefit under section 382‑B, Cr. P.C. in the matter of computation of sentence that he has yet to undergo.

This appeal, with the above modifications, shall stand dismissed

M. Z. M. Order accordingly.

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