1996 SC M R 906 (PLP)
MUHAMMAD RAMZAN alias RAMZANI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 SC M R 906 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saleem Akhtar, Saiduzzaman Siddiqui |
| Parties | MUHAMMAD RAMZAN alias RAMZANI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 SC M R 906 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 SC M R 906 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saleem Akhtar, Saiduzzaman Siddiqui.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 SC M R 906 (PLP) (MUHAMMAD RAMZAN alias RAMZANI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Sher Alam, Senior Advocate Supreme Court for Petitioner.
- Date of hearing: 17th March, 1996.
Headnotes / Summary
(On appeal from the judgment of Peshawar High Court dated 20‑1‑1993 passed in Cr.A.57‑J‑91/BWP and MR 27‑91/RWP). ‑‑‑‑Ss. 302, 309 & 311‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Constitution of .Pakistan (1973), Art.185(3)‑‑‑Compromise‑‑‑Parties having entered into a compromise, legal heirs of the deceased had made statements to this effect in the Court‑‑‑Right of Qisas had been waived against the accused am no reason was available to reject the compromise‑‑‑Where the accused had earlier committed murder of the sister of the deceased in the case and was acquitted of the charge in that case also on the basis of compromise, the principle of "Fasad‑fil‑arz" was fully attracted in the case‑‑‑Compromise was consequently accepted but the accused, in the circumstances, was convicted by way of "Tazir" under S. 311, P.P.C. and sentenced to 14 years' R.I. with benefit of S.382‑B, Cr.P.C. Nemo for the State.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
In the above Jail Petition the parties have filed a compromise stating that the legal heirs of the deceased Mst Amiran Bibi have forgiven the accused petitioner in the case and they pray that in viem of the terms of compromise, the death punishment awarded to the petitioner be set aside and he may be set at liberty. On 11-2-1996 when this case came up for hearing, the Court directed issuance of notice to all the legal heirs of the deceased to appear on 17-3-1996 so that it may be ascertained whether the compromise between the parties is genuine and voluntary. Mst. Amiran Bibi, deceased, is survived by the following legal heirs:-- (1) Sajwar Khan s/o Ahmad Khan Father (2) Zafar Iqbal Brother (3) Muzaffar lqbal Brother (4) Mst. Suban Mai Sister (5) Bahawal Khan alias Muhammad Iqbal alias Bala Husband In response to the notice, the legal heirs of the deceased Mst. Amiran Bibi, named above, appeared in Court today and stated that the compromise has been entered into between the parties genuinely, without any pressure or coercion from any body and that they have forgiven the accused petitioner in the. name of Allah to bring harmony in the family. In view of the categorical statement of the legal heirs of deceased made in Court, we do not find any reason to reject the compromise and hold that the right of ' Qisas' has been waived against the .petitioner. However, keeping in view the fact that the petitioner had earlier committed murder of the sister of the deceased in the case, and was acquitted of the charge to that case also on the basis of compromise, the principle of ' Fisad-fil-Arz' is fully attracted in the case. We, accordingly, while accepting the compromise to the case, convict the petitioner by way of ' Ta'zir' under section 311, P.P.C. and sentence him to R.1. for 14 years. The petitioner will, however, be entitled to the benefit of section 382-B, Cr.P.C. The death sentence in the case, accordingly, stands commuted to R.I. for 14 years. N.H.Q./M-3225/S Order accordingly.