1986 PLP 1420 (SCMR)
MUHAMMAD AQEEL alias BILLA — Appellant Versus THE STATE — Respondent
| Citation | 1986 PLP 1420 (SCMR) |
| Forum / Court | ---S. 302--Sentence--Murder--Compromise--Reduction in sentence- Parties compromising to live in peace--Accused party paying compensation to heirs of deceased--Mitigating circumstance for awarding lesser sentence--Sentence of death reduced to life imprisonment.--Sentence. |
| Bench Members | Aslam Riaz Hussain, Nasim Hassan Shah and Shafiur Rahman, JJ |
| Parties | MUHAMMAD AQEEL alias BILLA — Appellant Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1986 PLP 1420 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 1420 (SCMR)?
The case was heard and decided by the ---S. 302--Sentence--Murder--Compromise--Reduction in sentence- Parties compromising to live in peace--Accused party paying compensation to heirs of deceased--Mitigating circumstance for awarding lesser sentence--Sentence of death reduced to life imprisonment.--Sentence. bench comprising: Aslam Riaz Hussain, Nasim Hassan Shah and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1420 (SCMR) (MUHAMMAD AQEEL alias BILLA — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 6th May, 1985.
- M.A. Qureshi, Advocate‑on‑Record for the Complainant.
- 2. When the case was called for hearing, the learned counsel for, the appellant informed us that the parties have reached a compromise the matter so that they can live in peace and amity henceforth. He stated further that the accused party had given rupees one lac to the heirs of the deceased. Muhammad Abbas, father, and Mst. Shamim Akhtar, the sister, of the deceased, are present in Court and admit having received rupees one lac from the accused party. They have been identified by Mr. M.A. Qureshi, Advocate‑on‑Record‑‑Caveator of the complainant party.
Headnotes / Summary
(Against the judgment of the High Court, dated 20-2-1980, passed in. Criminal Appeal No. 46/79 and M.R. No. 46/79).
S. 302--Sentence--Murder--Compromise--Reduction in sentence- Parties compromising to live in peace--Accused party paying compensation to heirs of deceased--Mitigating circumstance for awarding lesser sentence--Sentence of death reduced to life imprisonment.--[Sentence]. Muhammad Bashir v. The State P L D 1982 S C 139 rel. M.A. Qureshi, Advocate-on-Record for the Complainant.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑Muhammad Aqeel Bills appellant was tried for the murder of Muhammad Zaman and was sentenced to death under section 302, P.P.C. by the learned Sessions Judge, Gujranwala. His appeal was dismissed by the High Court and the death sentence was confirmed. He filed a petition before this Court and leave was granted to him.
2. When the case was called for hearing, the learned counsel for, the appellant informed us that the parties have reached a compromise the matter so that they can live in peace and amity henceforth. He stated further that the accused party had given rupees one lac to the heirs of the deceased. Muhammad Abbas, father, and Mst. Shamim Akhtar, the sister, of the deceased, are present in Court and admit having received rupees one lac from the accused party. They have been identified by Mr. M.A. Qureshi, Advocate‑on‑Record‑‑Caveator of the complainant party.
3. Considering the view taken by this Court in Muhammad Bashir v. The State P L D 1982 S C 139, we feel in the circumstances of this case the compromise between the parties constitute a mitigating circumstance, entitling the accused‑appellant to the lesser sentence o imprisonment for life. We therefore accept the appeal and reduce the sentence of death of the appellant to imprisonment for life. We also grant him the relief provided under section 382‑B, Cr.P.C M.I. Order accordingly