Case Details

Citation(s)
1982 SLG 747 1982 SLD 747 1982 PLD 277
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 544 of 1980, decision dated: 7-03-1982.
ASLWN RIAZ HUSSAIN ACTG. C.J., NASIM HASAN SHAH AND SHAFIUR REHMAN, JJ
Malik Saeed Hassan, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record. Tanvir Ahmad, A.A.G. and Ejaz All, Advocate-on-Record for the State.

IFTIKHAR AHMAD

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)- S. 302 read with Constitution of Pakistan (1973), Art. 185 (3)­[Murder-case]-Compromise-Sentence-Compromise between parties even though without compensation, held, a good ground for reduction of sentence and such circumstance could be taken into account for such purpose-[Sentence]. ORDER ASLAM RIAZ HUSSAIN, ACTCI. C. J.-Iftikhar Ahmad, petitioner was tried for the murder of Khaleeq Ahmad, by an Additional Sessions Judge, Lahore, who by his judgment dated 23-7-1978, convicted him under section 302, P.P.C. and sentenced him to death with a fine of Rs. 1,000. The High Court dis­missed his appeal and confirmed the death sentence. The petitioner then filed a petition for Leave to Appeal. 2. The parties, however, compromised the matter. The petitioner (accused) and the deceased are very closely related, the deceased being father-­in-law of the petitioner's sister. The heirs of the deceased, namely, his widow and his two grown-up sons appeared before us and submitted that they had compromised the matter and forgiven the accused without receiving any compensation (i.e. money etc.), in return. 3. The learned counsel for the petitioner submitted that in view of the compromise arrived at between the parties sentence of death awarded to the petitioner may be reduced. 4. We issued notice to the State in response to which Mr. Tanvir…
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