P L D 1982 Supreme Court 277 (PLP)
IFTIKHAR AHMAD‑‑Petitioner Versus THE STATE‑Respondent
| Citation | P L D 1982 Supreme Court 277 (PLP) |
| Forum / Court | S. 302 read with Constitution of Pakistan (1973), Art. 185 (3) Murder‑case‑Compromise‑Sentence‑Compromise between parties even though without compensation, held, a good ground for reduction of sentence and such circumstance could be taken into account for such purpose‑Sentence. |
| Bench Members | Aslwn Riaz Hussain Actg. C. J., Nasim Hasan Shah and |
| Parties | IFTIKHAR AHMAD‑‑Petitioner Versus THE STATE‑Respondent |
Q1: What are the key laws and sections cited in P L D 1982 Supreme Court 277 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1982 Supreme Court 277 (PLP)?
The case was heard and decided by the S. 302 read with Constitution of Pakistan (1973), Art. 185 (3) Murder‑case‑Compromise‑Sentence‑Compromise between parties even though without compensation, held, a good ground for reduction of sentence and such circumstance could be taken into account for such purpose‑Sentence. bench comprising: Aslwn Riaz Hussain Actg. C. J., Nasim Hasan Shah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1982 Supreme Court 277 (PLP) (IFTIKHAR AHMAD‑‑Petitioner Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Saeed Hassan, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(Against the order of the High Court dated 2‑6‑1980, . passed in Cr. A. .No. 882/78 and M. R. No. 9 of 1979). Penal Code (XLV of 1860)‑ S. 302 read with Constitution of Pakistan (1973), Art. 185 (3) [Murder‑case]‑Compromise‑Sentence‑Compromise between parties even though without compensation, held, a good ground for reduction of sentence and such circumstance could be taken into account for such purpose‑[Sentence]. Muhammad Bashir v. The State P L D 1982 S C 139 ; Khurshid Ahmad v. The State 1976 S C M R 193 ref. Tanvir Ahmad, A. A: G. and Ejaz All, Advocate‑on‑Record for the State. Date of bearing: 7th March, 1982.
Judgment & Decree
ASLAM RIAZ HUSSAIN, ACTCI. C. J.‑Iftikhar Ahmad, petitioner was tried for the murder of Khaleeq Ahmad, by an Additional Sessions Judge, Lahore, who by his judgment dated 23‑7‑1978, convicted him under section 302, P.P.C. and sentenced him to death with a fine of Rs. 1,
000. The High Court dis missed his appeal and confirmed the death sentence. The petitioner then filed a petition for Leave to Appeal.
2. The parties, however, compromised the matter. The petitioner (accused) and the deceased are very closely related, the deceased being father- in‑law of the petitioner's sister. The heirs of the deceased, namely, his widow and his two grown‑up sons appeared before us and submitted that they had compromised the matter and forgiven the accused without receiving any compensation (i.e. money etc.), in return.
3. The learned counsel for the petitioner submitted that in view of the compromise arrived at between the parties sentence of death awarded to the petitioner may be reduced.
4. We issued notice to the State in response to which Mr. Tanvir Ahmad Khan, Assistant Advocate‑General appeared.
5. We have heard both the learned counsel and considered the question as to whether the compromise can be treated as a mitigating circumstance for reducing the sentence of death to imprisonment for life. The petitioner's counsel relied on Muhammad Bashir v. The State (1). The learned counsel for the State, however, urged that since nothing had been given by the accused to the heirs of the deceased by way of compensa tion, compromise in the present case could not be made the basis of reduction of sentence. We are, however, not inclined to agree with this view. As held in Khurshid Ahmad v. The State (2) a compromise even without compensation is a good ground for reducing the sentence and is a circumstance that can certainly be taken into account for that purpose. As such keeping in view all the circumstances of this case, we convert this petition into appeal and accept the prayer and reduce the sentence of the appellant from death to imprisonment for life. The sentence of fine in this section and sections 452 and 323, P. P. C. are maintained. S.A.H. Sentence reduced. (1) P L D 1982 S C 139 (2) 1976 S C M R 193