1997 PLP 951 (SCMR)
MUHAMMAD IRSHAD alias SHADA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 951 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Zia Mahmood Mirza, Muhammad Munir Khan and |
| Parties | MUHAMMAD IRSHAD alias SHADA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1997 PLP 951 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 951 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Zia Mahmood Mirza, Muhammad Munir Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 951 (SCMR) (MUHAMMAD IRSHAD alias SHADA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha, Advocate for Petitioner. Nemo for the State.
- Date of hearing: 28th November, 1995.
- MUHAMMAD MUNIR KHAN, J.‑‑‑Muhmmad Irshad alias Shada petitioner was tried by Additional Sessions Judge, Bahawalpur under section 302, P.P.C. for the murder of Zafar Abbas aged six years, who, on the conclusion of the trial vide judgment dated 18‑11‑1992 convicted him and sentenced him to death and a fine of Rs.50,000 or three years' R.I. in default. The appeal filed by the petitioner was dismissed and the sentence of death was confirmed by the Lahore High Court, Bahawalpur Bench, on 21‑5‑1995. Feeling aggrieved thereby the petitioner filed petition for leave to appeal through jail which was barred by 17 days. As the petition involved sentence of death, so Mr. Muhammad Munir Peracha, Advocate, Supreme Court was nominated as a counsel for the petitioner at State expenses. During the pendency of the petition for leave to appeal, the parties compromised. The Compromise Pro forma was filed in the Jail petition for leave to appeal which was forwarded to the learned Sessions Judge Bahawalpur for verification, who, after recording the statement of Attaullah, the father and Mst. Nasim Bibi, the mother of the deceased, has reported that the legal heirs have waived their right of Qisas and compromised with the petitioner/accused.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 21‑5‑1995 passed in Criminal Appeal No.97 of 1992/BWP). (a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Compromise‑‑Delay of 17 days in filing the petition for leave to appeal in view of the compromise between the parties was condoned‑‑‑Father and mother of the deceased child had compromised with the accused and had waived their right of Qisas‑‑‑Compromise between the legal heirs of the deceased and the accused was genuine and had the effect of acquittal of accused‑‑‑Petition for leave to appeal was consequently converted into appeal and was allowed‑‑‑Accused was acquitted accordingly. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 345‑‑‑Penal Code (XLV of 1860), 5.302‑‑‑Composition of offence‑‑ Effect‑‑‑Composition of an offence under S.302, P.P.C. by the legal heirs of the deceased shall have the effect of acquittal of the accused with whom the offence has been compounded.
Judgment & Decree
‑‑‑‑S. 302‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Compromise‑‑Delay of 17 days in filing the petition for leave to appeal in view of the compromise between the parties was condoned‑‑‑Father and mother of the deceased child had compromised with the accused and had waived their right of Qisas‑‑‑Compromise between the legal heirs of the deceased and the accused was genuine and had the effect of acquittal of accused‑‑‑Petition for leave to appeal was consequently converted into appeal and was allowed‑‑‑Accused was acquitted accordingly. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 345‑‑‑Penal Code (XLV of 1860), 5.302‑‑‑Composition of offence‑‑ Effect‑‑‑Composition of an offence under S.302, P.P.C. by the legal heirs of the deceased shall have the effect of acquittal of the accused with whom the offence has been compounded. Muhammad Munir Peracha, Advocate for Petitioner. Nemo for the State. Date of hearing: 28th November, 1995. MUHAMMAD MUNIR KHAN, J.‑‑‑Muhmmad Irshad alias Shada petitioner was tried by Additional Sessions Judge, Bahawalpur under section 302, P.P.C. for the murder of Zafar Abbas aged six years, who, on the conclusion of the trial vide judgment dated 18‑11‑1992 convicted him and sentenced him to death and a fine of Rs.50,000 or three years' R.I. in default. The appeal filed by the petitioner was dismissed and the sentence of death was confirmed by the Lahore High Court, Bahawalpur Bench, on 21‑5‑1995. Feeling aggrieved thereby the petitioner filed petition for leave to appeal through jail which was barred by 17 days. As the petition involved sentence of death, so Mr. Muhammad Munir Peracha, Advocate, Supreme Court was nominated as a counsel for the petitioner at State expenses. During the pendency of the petition for leave to appeal, the parties compromised. The Compromise Pro forma was filed in the Jail petition for leave to appeal which was forwarded to the learned Sessions Judge Bahawalpur for verification, who, after recording the statement of Attaullah, the father and Mst. Nasim Bibi, the mother of the deceased, has reported that the legal heirs have waived their right of Qisas and compromised with the petitioner/accused.
2. In view of the compromise between the parties, delay of 17 days in filing the petition is condoned.
3. Father and the mother of the deceased are present in Court. They own I compromise and state to have waived their right of Qisas. We are convinced that the compromise between the legal heirs of the deceased and the petitioner accused is genuine. The composition of an offence under section 302, P.P.C by the legal heirs of the deceased shall have the effect of acquittal of the accused with whom the offence has been compounded.
4. Resultantly, the petition is converted into appeal and allowed. The petitioner shall be released forthwith if not required to be detained in any other case. N.H.Q./M‑3190/S Appeal allowed.