Case Details

Citation(s)
1987 SLG 814 1987 SLD 814 1987 SCMR 2037
Supreme Court of Pakistan
Criminal Petition No. 89 of 1982, decision dated: 2-08-1987.On appeal from the judgment, dated 1-2-1982 in Criminal Revision No. 50 of 1982
SHAFIUR RAHMAN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Muhammad Akram Khokhar, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents

MASKEEN ALI and 3 others

VS

MUHAMMAD LATIF and 6 others

Law:

Section:

Criminal Procedure Code (V of 1898)-----S. 345--Penal Code (XLV of 1860), Ss.307, 326, 324 & 148-­Constitution of Pakistan (1973), Art. 185(3)--Reduction in sentence on account of compromise--Subsequent denial of compromise--Effect of--Three out of four injured complainants making statement that they had entered into a compromise with accused-respondents and had forgiven them--Trial Court reducing sentence of respondents-­Order impugned--Plea that there was no compromise, not sustained in view of clear recital to that effect appearing in of Trial Court--Statements of three injured persons were sufficient to establish factum of compromise, particularly when the fourth one was a female member of their family residing in same house and her failure to appear in person before Trial Court did not imply that there had been no compromise--Sentence of respondents having been reduced consequent upon a compromise between parties, Supreme Court declined to interfere--Leave to appeal refused. ORDER SAAD SAOOD JAN, J.--The respondents were convicted of offences under sections 307, 326 and 324, read with section 149, and section 148 of the Pakistan Penal Code and were sentenced to suffer various terms of imprisonment by a Magistrate at Sheikhupura. They filed an appeal before the Additional Sessions Judge. During the course of hearing of the appeal, three out of the four injured persons made a statement that they had entered into a compromise with the respondents and had forgiven them. The learned Additional Sessions Judge found that only one of the respondents, namely, Muhammad Latif could be convicted of the offence under section 307; accordingly, he upheld his conviction on this count but acquitted the other respondents of this offence. He maintained the convictions of all the respondents on other counts, that is those under sections 326, 324 and 148 of the Pakistan Penal Code. Taking notice of the…
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