2017 PLP 1990 (SCMR)

MANZOOR AHMAD MALIK, J.

Crl. M.A. No. 362-L of 2017: For the reasons stated in the application the same is allowed and delay of four days in filing Jail Petition No. 477 of 2015 is condoned.

2. Crl. M.A. No. 312/2017 in Jail Petition No. 477-2015: Waheed Petitioner-applicant along with his co-accused namely Shan and Muhammad Boota faced trial before the learned Additional Sessions Judge Pakpattan Sharif in case FIR No.308/2006 dated 22.05.2006 offences under sections 302 and 324, P.P.C. registered at Police Station Saddar Pakpattan Sharif. After conclusion of the trial he was convicted under section 302(b), P.P.C. and sentenced as under:- "

38. For the reasons stated above, Waheed accused is convicted under section 302(b), P.P.C. for committing "Qatl-i-amd" of Ijaz deceased and he is sentenced to Death and he be hanged by the neck, till he is dead subject to confirmation of above said punishment of Death by the honourable Lahore High Court, Lahore. He shall pay compensation of Rs.1,00,000/- as required under section 544-A, Cr.P.C. to the legal heirs of Ijaz deceased and in default of payment of fine he shall further undergo S.I. for a period of six months..." Co-accused of the petitioner namely Shan and Muhammad Boota were acquitted by the learned trial court. The convict-petitioner challenged his conviction/sentence before the learned High Court by filing Crl. Appeal No.335 of 2010 whereas the learned trial court sent Murder Reference No.173 of 2011 for confirmation or otherwise of the sentence of death awarded to Waheed convict. Both these matters were heard by a learned Division Bench of the Lahore High Court and through the impugned judgment Murder Reference sent by the learned trial court was answered in the negative and sentence of death awarded to Waheed convict was not confirmed. While dismissing the appeal of the convict petitioner, his conviction under section 302(b), P.P.C. was maintained, however, his sentence of death was converted into life imprisonment while extending him benefit of section 382-B Code of Criminal Procedure. The convict-petitioner filed Jail Petition No.477 of 2015 before this Court against the impugned judgment of the High Court whereas Muhammad Hanif preferred Crl. Petition No.1188-L of 2015 assailing the conversion of death sentence of the convict-petitioner to life imprisonment.

3. Pending adjudication of the criminal petition for leave to appeal as well as the jail petition, the convict-applicant filed instant Criminal Misc. Application seeking permission to effect compromise with the legal heirs of the deceased Muhammad Ijaz. This Court vide order dated 23.06.2017 sent copy of the application to the District and Sessions Judge, Pakpattan to report about the genuineness or otherwise of the compromise with the direction to safeguard the interests of the minor/minors, if any. The learned Sessions Judge, Pakpattan submitted his report dated 07.07.2017, wherein he submitted that all the legal heirs of Muhammad Ijaz (deceased) namely Muhammad Hanif (father), Muhammad Shahzad (brother) and Kausar Bibi (sister) were major and had got recorded their statements to the effect that they had entered into compromise with convict applicant Waheed and had forgiven him in the name of Almighty Allah and that they had waived their right of qisas and diyat and they had no objection, if convict-applicant is acquitted in the murder of deceased Muhammad Ijaz. According to the learned District and Sessions Judge Pakpattan, the compromise was genuine. Learned Law Officer has no objection to the acceptance of the instant compromise as well.

4. Having perused the afore-mentioned report of the District and Sessions Judge, Pakpattan, we find that the compromise effected between the parties is genuine, voluntary and without any coercion or duress. In view of the above, Crl. M.A. No. 312-L of 2017 filed by Waheed convict-applicant is allowed. Consequently, Jail Petition No. 477 of 2015 filed by convict-applicant is converted into an appeal and the same is allowed. The impugned judgment of the learned High Court dated 16.09.2015 is set aside. The appellant Waheed is acquitted of the charge and shall be released from jail forthwith, if not required to be detained in any other case. Crl. P. No. 1188 of 2015

5. In view of the compromise effected between the parties and in consequence of acquittal of convict-respondent No.2 hereinabove, this petition filed by the complainant against reduction of sentence of the convict by the learned High Court has become infructuous and learned AOR appearing for petitioner-complainant wishes to withdraw the same. Dismissed as withdrawn. MWA/W-4/SC Order accordingly.