1992 PLP 694 (SCMR)
MUHAMMAD AZAM‑‑‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1992 PLP 694 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, Shafiur Rahman, |
| Parties | MUHAMMAD AZAM‑‑‑Appellant Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 694 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 694 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, Shafiur Rahman,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 694 (SCMR) (MUHAMMAD AZAM‑‑‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑‑‑S. 302/34‑‑‑Criminal Procedure Code (V of 1898), S. 345 (as amended by Criminal Law (Second Amendment) Ordinance (I of 1991)‑‑‑Compromise‑‑‑. Pending appeals against conviction and sentence of accused, heirs of deceased had filed application for effecting compromise with accused ‑‑‑All the heirs of deceased were not present on date of hearing to confirm compromise, terms thereof and genuineness and voluntariness of compromise‑‑‑Offence having been made compoundable with permission of Court, Court directed inquiry to be conducted by District Magistrate to ascertain terms of compromise, its genuineness and voluntariness and also for reporting whether interest of minors had been properly ensured or not.
- Muhammad Aslam Chaudhry, Advocate‑on‑Record for Appellant.
- Date of hearing: 13th January, 1991.
- Q.M. Salim, Senior Advocate Supreme Court, Tanvir Ahmad, Advocate‑on‑Record for Complainant.
- Maqbool Elahi Malik, Advocate‑General, Punjab, M. Nawaz Abbasi, Assistant Advocate ‑General, Punjab, Rao, M. Yusuf Khan, Advocate‑on -Record for State.
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court, Amicus Curiae.
- 2. An Application (Cr.M.P.No.64‑L/90) has been filed on behalf of the heirs of Muhammad Ilyas deceased (a widow, five adult children and three minors, through their mother) for effecting compromise with Muhammad Azam convict alone, in view of the close relationship and other factors including the injunctions of Islam. When the application came up for hearing today, after notice to the learned Advocate‑General, we found that not all the heirs were present to confirm the compromise, the terms thereof, the genuineness and voluntariness of it. After examining section 345, Cr.P.C. as amended, alongwith Ordinance No.l of 1991 enforced on 4th of January, 1991, we have formed the impression reading section 338‑E and section 338‑H, and sections 309 and 310 of the Pakistan Penal Code as amended by the said Ordinance, that such a composition, with the permission of the Court, is possible.
Headnotes / Summary
Q.M. Salim, Senior Advocate Supreme Court, Tanvir Ahmad, Advocate‑on‑Record for Complainant. Maqbool Elahi Malik, Advocate‑General, Punjab, M. Nawaz Abbasi, Assistant Advocate ‑General, Punjab, Rao, M. Yusuf Khan, Advocate‑on -Record for State. Ijaz Hussain Batalvi, Senior Advocate Supreme Court, Amicus Curiae.
Judgment & Decree
SHAFIUR RAHMAN, J‑‑‑Two Criminal Appeals (Cr. A.No.108/1989 and 122/1989), one of which (CrA. 122/89) arises out of a Jail Petition, are pending in this Court against the conviction and sentence of Muhammad Azam and Khandoo under section 302/34, P.P.C. Both have been finally sentenced to undergo life imprisonment.
2. An Application (Cr.M.P.No.64‑L/90) has been filed on behalf of the heirs of Muhammad Ilyas deceased (a widow, five adult children and three minors, through their mother) for effecting compromise with Muhammad Azam convict alone, in view of the close relationship and other factors including the injunctions of Islam. When the application came up for hearing today, after notice to the learned Advocate‑General, we found that not all the heirs were present to confirm the compromise, the terms thereof, the genuineness and voluntariness of it. After examining section 345, Cr.P.C. as amended, alongwith Ordinance No.l of 1991 enforced on 4th of January, 1991, we have formed the impression reading section 338‑E and section 338‑H, and sections 309 and 310 of the Pakistan Penal Code as amended by the said Ordinance, that such a composition, with the permission of the Court, is possible.
3. In order to satisfy ourselves with regard to the genuineness, the voluntariness and the propriety of permitting such a compromise it is appropriate and so ordered to get an enquiry held through the District Magistrate of Okara by an Executive Magistrate, who will examine all the heirs of the deceased Muhammad Ilyas (the minors through their mother or any guardian, if appointed by Court), in order to ascertain the terms of the compromise, its genuineness and voluntariness and also reporting whether the interest of the minors has been properly ensured or not. The list of the heirs, as supplied in the application is as hereunder:‑
(1) Mst. Waziran Bibi‑‑Widow. (2) Ghulam Nabi‑‑Son. (3) Munir Ahmad‑‑Son. (4) Muhammad Siddique‑‑Son. (5) Muhammad Umer‑‑Son. (6) Raza Elahi‑‑Daughter. (7) Abdullah‑‑Son. (8) Muhammad Sarwar‑‑Minor son aged 17years. (9) Ghulam Hussain‑‑Minor son aged 12 years. (10) Rashida Bibi‑‑Minor daughter aged 15 years. All being residents of Chak No.3/48, presently residing in Chak Anokh Singh, Tehsil Depalpur, District Okara. The Report be made available by the District Magistrate within a month from the date of receipt of this Order which should be communicated by the District Magistrate through tae Registrar of this Court. H.B.T./M‑1552/S Order accordingly.