1988 PLP 498 (SCMR)
MAQSOOD AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 1988 PLP 498 (SCMR) |
| Forum / Court | -S.302--Compromise--Parties compromising matter out of Court and counsel of petitioner showing proof that the complainant party had amply been compensated--Accused party found to have duly compensated the heirs of deceased--Assistant Advocate-General appearing for the State not opposing the compromise--Compromise between the parties, in circumstances of the case, held, was a sufficient mitigating circumstance for reducing petitioner's sentence from death to imprisonment for life--Petition converted into appeal and in allowing same, sentence of death awarded to petitioner reduced to imprisonment for life. ---Compromise. |
| Bench Members | Aslam Riaz Hussain, Muhammad Afzal Zullah and |
| Parties | MAQSOOD AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code-(XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 498 (SCMR)?
This judgment primarily cites: Penal Code-(XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 498 (SCMR)?
The case was heard and decided by the -S.302--Compromise--Parties compromising matter out of Court and counsel of petitioner showing proof that the complainant party had amply been compensated--Accused party found to have duly compensated the heirs of deceased--Assistant Advocate-General appearing for the State not opposing the compromise--Compromise between the parties, in circumstances of the case, held, was a sufficient mitigating circumstance for reducing petitioner's sentence from death to imprisonment for life--Petition converted into appeal and in allowing same, sentence of death awarded to petitioner reduced to imprisonment for life. ---Compromise. bench comprising: Aslam Riaz Hussain, Muhammad Afzal Zullah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 498 (SCMR) (MAQSOOD AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.B. Zaman, Advocate Supreme Court and Ijaz Ali Sheikh, Advocate-on-Record for Petitioner.
- Date of hearing: 23rd December, 1987.
- -S.302--Compromise--Parties compromising matter out of Court and counsel of petitioner showing proof that the complainant party had amply been compensated--Accused party found to have duly compensated the heirs of deceased--Assistant Advocate-General appearing for the State not opposing the compromise--Compromise between the parties, in circumstances of the case, held, was a sufficient mitigating circumstance for reducing petitioner's sentence from death to imprisonment for life--Petition converted into appeal and in allowing same, sentence of death awarded to petitioner reduced to imprisonment for life. ---[Compromise].
- Tanvir Ahmad, Advocate-on-Record for the Complainant.
- Muhammad Akhtar, Asstt. Advocate-General for the State.
- 3. Learned Assistant Advocate-General who appeared for the State on notice having been sent to him, does not oppose the compromise. In these circumstances we are of the view that the compromise between the parties in this case is a sufficient mitigating circumstance for reducing,, the petitioner's sentence from death to imprisonment, for life.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore, dated 3rd June, 1987 passed in Criminal Appeal No.554 of 1986 (Murder Reference No.200 of 1986). -S.302--Compromise--Parties compromising matter out of Court and counsel of petitioner showing proof that the complainant party had amply been compensated--Accused party found to have duly compensated the heirs of deceased--Assistant Advocate-General appearing for the State not opposing the compromise--Compromise between the parties, in circumstances of the case, held, was a sufficient mitigating circumstance for reducing petitioner's sentence from death to imprisonment for life--Petition converted into appeal and in allowing same, sentence of death awarded to petitioner reduced to imprisonment for life.
[Compromise]. Tanvir Ahmad, Advocate-on-Record for the Complainant. Muhammad Akhtar, Asstt. Advocate-General for the State.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.--Maqsood Ahmad petitioner has filed the present petition for leave to appeal against the judgment of the High Court dated 3-6-1987 maintaining his conviction and sentence of death under section 302, P. P. C .
2. The parties have, however, compromised the matter out of Court and the learned counsel for the petitioner has shown the proof that the complainant party has amply been compensated. We are of the view that the accused party has duly compensated the heirs of the deceased.
3. Learned Assistant Advocate-General who appeared for the State on notice having been sent to him, does not oppose the compromise. In these circumstances we are of the view that the compromise between the parties in this case is a sufficient mitigating circumstance for reducing,, the petitioner's sentence from death to imprisonment, for life.
4. The petition is, therefore, converted into appeal and allowed partly, inasmuch as the sentence of death awarded to Maqsood Ahmad petitioner is reduced to imprisonment for life. The sentence of fine shall, however, be maintained. S.Q./M-313/S Sentence reduced.