2008 PLP 1616 (YLR)

M.A. SHAHID SIDDIQUI, J.--Through this judgment we propose to dispose of Criminal Appeal No.398 of 1999 filed by Muhammad Sadiq, appellant and Murder Reference No.740 of 2000 made by a learned Additional Session Judge at Multan seeking confirmation of death sentence awarded to Muhammad Sadiq, appellant vide judgment dated 28-10-1999 in case F.I.R. No.290 of 1998 dated 7-6-1998 registered at Police Station Jalalpur Pirwala, Multan.

2. The occurrence took place on 7-6-1998 at 5-30 p.m. According to the F.I.R. Amir Bakhsh, complainant/P. W.9 his son Shaukat Ali deceased, Muhammad Ajmal/P.W.11 and Zafar (given up P.W.) were proceeding at the relevant time towards Basti Hassam when they were waylaid by Muhammad Shafi (appellant in Criminal Appeal No.393 of 1999) and five others including Muhammad Sadiq, appellant. Allegedly Muhammad Sadiq and Muhammad Shafi fired one shot each with their rifles hitting Shaukat Ali on his chest. Accordingly F.I.R. No.290 of 1998 was registered at Police Station Jalalpur Pirwala on the statement of Amir Bukhsh, complainant. All the seven accused nominated in the F.I.R. were sent to Court for trial. At the conclusion of the trial, Muhammad Sadiq, appellant was sentenced to death while Muhammad Shafi was sentenced to rigorous imprisonment for life. Both challenged their conviction and sentences separately.

3. During the pendency of the appeal an application (Criminal Miscellaneous No.114-M of 2005) was moved on behalf of Muhammad Sadiq, appellant seeking permission to compound the offence. The matter of compromise was referred to the learned trial Court for ascertaining the voluntariness and genuineness of the acclaimed compromise. The learned Sessions Judge, Multan recorded the statements of Mst. Manzooran Mai, Mst. Razia and Sabir Hussain mother, widow and brother of Shaukat Ali, deceased respectively. He also recorded the statement of Qasim Ali, Halqa Patwari and Muhammad Abdullah Khan, Councillor.

4. According to the report dated 5-4-2005 Shaukat Ali, deceased had left behind two unsound/minor brothers namely Muhammad Sadiq and Mashooq besides the aforementioned three legal heirs. The learned Sessions Judge proposed for a direction to Muhammad Sadiq, appellant to deposit the share of Diyat amount of Mashooq and Muhammad Sadiq in a profitable scheme preferably by purchasing Defence Saving Certificates in their names.

5. Learned counsel for Muhammad Sadiq, appellant submitted that due to financial constraints the appellant has not been able to deposit the amount of Diyat. He instead of pressing for acquittal of Muhammad Sadiq, appellant on the basis of compromise opted not to challenge the conviction. He prayed for lesser punishment firstly, on the ground that only one shot has been ascribed to the present appellant and secondly, on the ground that the appellant has been pardoned by three out of five Walis which included mother, widow and one brother of the deceased.

6. We have given anxious, consideration to the submissions made by the learned counsel for the appellant. As a matter of fact the legal heirs of Shaukat Ali, deceased who were capable of expressing their will have pardoned Muhammad Sadiq, appellant. Under section 345(4), Cr.P.C. any person who is competent to enter into contract may be allowed to compound an offence on behalf of a minor or insane. Mst. Manzooran Mai mother of Shaukat Ali, deceased cannot be said to have acted against the interest of his insane and minor sons. The compromise appears to have been genuinely arrived at between the appellant and the legal heirs of the deceased which however, cannot be given effect on technical ground.

7. In view of the role ascribed to Muhammad Sadiq, appellant and the compromise between adult legal heirs of Shaukat Ali, deceased, we consider it just and proper to allow the prayer made by the learned counsel for the appellant for lesser punishment.

8. As a sequel to the above discussion we partly allow Criminal Appeal No.398 of 1999. The sentence of death awarded to Muhammad Sadiq, appellant is converted into rigorous imprisonment for life. The compensation to be paid to the legal heirs of the deceased is also reduced from Rs.1,00,000 to Rs.1,000 or in default of payment thereof to undergo further simple imprisonment for one month. The appellant shall have the benefit of section 382-B, Cr.P.C.

9. Murder Reference No.740 of 2000 is answered in negative and the sentence of death passed by the learned trial Court against Muhammad Sadiq, appellant is not confirmed. H.B.T./M-135/L Order accordingly.