1987 PLP 363 (SCMR)
MUHAMMAD ASHRAF alias ACHHU‑‑Appellant Versus THE STATE Respondent
| Citation | 1987 PLP 363 (SCMR) |
| Forum / Court | ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence‑ Compromise‑‑Mitigating circumstances‑‑Petition against conviction and sentence of death‑‑Complainant side compromised after being duly compensated by accused party‑‑Agreement of compromise treated as a mitigating circumstance‑‑Conviction was maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and allowed.‑‑Compromise‑‑Sentence. |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | MUHAMMAD ASHRAF alias ACHHU‑‑Appellant Versus THE STATE Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 363 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 363 (SCMR)?
The case was heard and decided by the ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence‑ Compromise‑‑Mitigating circumstances‑‑Petition against conviction and sentence of death‑‑Complainant side compromised after being duly compensated by accused party‑‑Agreement of compromise treated as a mitigating circumstance‑‑Conviction was maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and allowed.‑‑Compromise‑‑Sentence. bench comprising: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 363 (SCMR) (MUHAMMAD ASHRAF alias ACHHU‑‑Appellant Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Sultan Ahmad, Advocate Supreme Court, Muhammad Sharif, Advocate Supreme Court and Rana Maqbool Ahmad Kadri, Advocate‑on Record for Petitioner.
- Date of hearing: 20th December, 1986.
- Mian Nusratullah, Advocate Supreme Court for the State.
Headnotes / Summary
(Against the judgment of the Lahore High Court, Lahore, dated 9‑3‑1982, passed in Criminal Appeal No. 1041 of 1981) . ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence‑ Compromise‑‑Mitigating circumstances‑‑Petition against conviction and sentence of death‑‑Complainant side compromised after being duly compensated by accused party‑‑Agreement of compromise treated as a mitigating circumstance‑‑Conviction was maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and allowed.‑‑[Compromise‑‑Sentence]. Mian Nusratullah, Advocate Supreme Court for the State.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑Muhammad Ashraf petitioner was tried and convicted for the murder of Mst. Massoodan for which he was sentenced, to death and a fine of Rs.5,000 under section 302, P.P.C. The High Court dismissed his appeal and confirmed the sentence of death. Hence the, present petition for leave to appeal.
2. Before us the father of the deceased has appeared and produced a written agreement deed in the shape of an affidavit saying that he has been duly compensated by the accused party who have also given the hands of two girls of their family in marriage with two boys from the deceased's family. He has also stated before us that he has forgiven the accused from the core of his heart.
3. Petitioner's counsel submits that the aforementioned compromise may be treated as a mitigating circumstance and that his death sentence be reduced to that imprisonment for life.
4. We have also heard the learned counsel for the State. He has no objection. We, therefore, convert the petition into appeal. After carefully considering the matter we consider it a fit case to treat the compromise as a mitigating circumstance and as such allow the appeal to the extent that while conviction of the petitioner under section
302. P.P.C. is maintained his sentence of death is reduced to that imprisonment for life. M. I. Order accordingly.