2006 PLP 1074 (SCMR)

Petitioner Ali Khan has been convicted/sentenced by the learned Sessions Judge, Sibi Division vide judgment, dated 15-2-2002 for the offence under section 302(a), P.P.C. concluding part therefrom is reproduced hereinbelow for convenience:

"Keeping in view the evidence discussed above, I am of the opinion that the evidence is available according to Article 17 of the Qanun-e-Shahadat, thus the prosecution has established its charge against the accused. The accused had committed offence under section 302(a), P.P.C. (as amended) and he is accordingly convicted under section 302(a), P.P.C. (as amended) and sentenced and awarded death penalty. The accused shall be . hanged by the neck till his death is confirmed by the Doctor". Appeal filed by the petitioner has been dismissed by the learned High Court of Balochistan High Court vide judgment, dated 26th April, 2003 whereby the conviction/sentence under section 302(a), P.P.C. was converted into section 302(b), P.P.C. Petitioner entered into a compromise with the legal heirs of the deceased namely, Muhammad Aslam. To verify the contents of the compromise, report was called for from the learned Sessions Judge, Sibi who has opined as follows:

"In pursuance of your letter, dated 25th February, 2004, an enquiry was held and the statements of Mst. Nihal Khatoon, Sardar Khan (legal heirs of deceased) and Muhammad Khan, Tehsildar Sibi were recorded. The legal heirs of deceased Muhammad Aslam have stated that they have entered into compromise with their free consent. There is no other heir of deceased except abovesaid persons. The deceased was un?married. The compromise deed is genuine and has been executed by the parties with their free consent. The compromise deed along with other documents after verification are sent to your good honour as required". Learned counsel for the petitioner stated that compromise may be accepted and petitioner be acquitted of the charge. After having gone through the contents of the compromise as well as the report submitted by the learned Sessions Judge after verifying its contents, permission is accorded to the parties to enter into the compromise as a result whereof the compromise is accepted, judgment, dated 15-2-2002 passed by the learned Sessions Judge and maintained by the High Court of Balochistan Quetta vide judgment, dated 26-4-2003 are set aside and the petitioner is ordered to be released forthwith if not required in any other case. Jail petition is converted into appeal and disposed of accordingly. N.H.Q./A-47/SC???????? ???????????????????????????????????????????????????????????????? Compromise accepted.