2011 SCMR 1063 (PLP)
GHULAM QASIM — Petitioner Versus THE STATE — Respondent
| Citation | 2011 SCMR 1063 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Shakirullah Jan, Mahmood Akhtar Shahid Siddiqui and Mian Saqib Nisar, JJ |
| Parties | GHULAM QASIM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 SCMR 1063 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1063 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Shakirullah Jan, Mahmood Akhtar Shahid Siddiqui and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1063 (PLP) (GHULAM QASIM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner.
- Syed Zafar Abbas Naqvi, Advocate Supreme Court for Applicant along with Mulazim Hussain, Riaz and Sanwaran Bibi.
Headnotes / Summary
(Against the judgment dated 19-5-2009 passed by the Lahore High Court, Lahore in Criminal Appeal No. 450-J of 2003 and Murder Reference No. 595 of 2003).
S. 345(2)
Penal Code (XLV of 1860), S. 302(b)
Constitution of Pakistan, Art. 185(3)
Accused had been convicted and sentenced to death by the courts below for the murder of his brother
During pendency of jail petition of accused before Supreme Court parties had made a compromise and an application was moved for acceptance thereof
Compromise effected between the legal heirs of the deceased and the accused was found to be genuine and without any pressure and coercion
Application for compromise was consequently allowed
Jail Petition was converted into appeal and the accused was acquitted in circumstances. Syed Zafar Abbas Naqvi, Advocate Supreme Court for Applicant along with Mulazim Hussain, Riaz and Sanwaran Bibi. Rafiullah, Additional S.H.O. along with Ghulam Sakina, Ex. wife of deceased on Court's Notice. Raja Shahid M. Abbasi, D.P.-G. for the State.
Judgment & Decree
MIAN SHAKIRULLAH JAN, J.
The petitioner-Ghulam Qasim has been charged for the murder of his brother Mureed Hussain and a report was lodged by their third brother Mulazam Hussain (complainant). During the pendency of jail petition, which has been filed against the conviction and death sentence of Ghulam Qasim, the parties have effected a compromise. In this regard an application (Criminal Miscellaneous Application No.4 of 2009) for compromise was submitted in this Court which was sent to the Sessions Judge for verification of compromise and recording statements of the legal heirs of the deceased. The learned Sessions Judge after recording statements of the legal heirs of the deceased, submitted a report before this Court. According to the said report, the compromise is- genuine and without any pressure and coercion. During hearing of the instant application, we found some discrepancies in the name of former wife of the deceased as has been mentioned Razia Begum while her real name is Ghulam Sakina. She was summoned and today, produced by Mr. Rafiullah, S.H.O. in the Court. She has stated that though she was married to Mureed Hussain (deceased), but she has obtained a dissolution decree quite long before his murder. She has further stated that she has given birth to a child who, at the age of about 3 years had died during the life time of Mureed Hussain. Mulazam Hussain (complainant) present in Court has also stated that the deceased, after dissolution of marriage with Ghulam Sakina has not contracted a second marriage. He has died issueless and was survived by only his brothers and sister, statements of whom have already been recorded by Session Judge. The compromise is genuine and appears to be without any pressure and coercion.
2. In view of the above, Criminal Miscellaneous Application No.4 of 2009 (which is for compromise) and Criminal Miscellaneous application No.86 of 2010 (which is for placing on record one of the legal heirs) are allowed. As a result, Jail Petition No.477 of 2009 is converted into appeal and allowed. The conviction and death sentence of the petitioner (Ghulam Qasim) are set aside and he is acquitted of the charges and be released forthwith, if not required in any other cases. N.H.Q./G-10/SC Compromise allowed.