1987 PLP 1945 (MLD)

Dr. Farooq Ahmad for Appellants. Nemat Khan for the State. Ch. Muhammad Iqbal for the Complainant. Date of hearing: 9th December, 1986. RIAZ AHMED, J.--Muhammad Yousaf son of Mamoor Ali, Wazir son of Noor Muhammad and Murtaza son of Sharif were tried by an Additional Sessions Judge at Multan on a charge under section 302 read with section 34 of the Pakistan Penal Code for having caused the murder of Mst.Amiran wife of Amir complainant PW.6. The learned Additional Sessions Judge, vide his judgment dated 23-10-1982, found all the appellants, named above, guilty on the said charge and accordingly they were sentenced to death and to pay a fee of Rs.5,000 (five thousand only) each or in default of the pa ,bent of fine to suffer further rigorous imprisonment for a period of two years each. It was further directed by the learned Additional Sessions Judge that in case of recovery of the fine, half of the same shall be paid to the heirs of Mst.Amiran as compensation under section 544-A Cr.P.C. The convicts have preferred this appeal, while the case has also been referred to this Court under section 374, Cr.P.C

2. At the very outset the parties appeared in the Court and stated that with a view to bring amity and peace, they have compromised. The parties are closely related to each other. The appellants Yousaf and Wazir are sons of Mamoor and Noor Muhammad, respectively, who are real brothers. The appellant Yousaf is husband of Sakina, a daughter of Amiran, deceased Appellant Mustafa is son of Sharif, who is the paternal-cousin of Noor and Mamoor, the fathers of appellants Wazir and Yousaf, respectively.

3. The heirs of Mst.Amiran, namely, Muhammad Amir complainant, her sons Jaffar and Zakar and her daughter Sakina have entered appearance, and a written compromise has been filed. According to A the said compromise the heirs of the deceased have pardoned the appellants in the name of Allah and have also foregone their right to recover the compensation to be paid to them out of the fine.

4. In this view of the matter, we appreciate the desire of the parties and, as laid down by the Supreme Court of Pakistan in the case reported as Ghulam Jaffar v. The State 1985 S C M R 1938, we treat this compromise as a mitigating circumstances. Hence maintaining B the conviction we alter the sentence of death awarded to the appellants into life imprisonment. Accordingly, we direct that each of the appellants shall suffer life imprisonment, and shall also be entitled to the benefit under section 382-B Cr.PC in computation of their sentence. The sentence of fine is also remitted. With these observations, this appeal and reference is disposed of. M.Y.H./M-314/L Death sentences altered into life imprisonment.