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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MAQSOOD AHMAD VS Respondent: STATEHonorable Justice Aslam Riaz Hussain
1988 S C M R 498
1988 S C M R 498
Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ
MAQSOOD AHMAD--Petitioner
versus
THE STATE--Respondent
Criminal Appeal No.1 of 1988 in Criminal Petition for Special Leave to Appeal No.184 of 1987, decided on 23rd December, 1987.
(Against the judgment and order of the Lahore High Court, Lahore, dated 3rd June, 1987 passed in Criminal Appeal No.554 of 1986 (Murder Reference No.200 of 1986).
Penal Code-(XLV of 1860)--
-S.302--Compromise--Parties compromising matter out of Court and counsel of petitioner showing proof that the complainant party had amply been compensated--Accused party found to have duly compensated the heirs of deceased--Assistant Advocate-General appearing for the State not opposing the compromise--Compromise between the parties, in circumstances of the case, held, was a sufficient mitigating circumstance for reducing petitioner's sentence from death to imprisonment for life--Petition converted into appeal and in allowing same, sentence of death awarded to petitioner reduced to imprisonment for life. ---[Compromise].
M.B. Zaman, Advocate Supreme Court and Ijaz Ali Sheikh, Advocate-on-Record for Petitioner.
Tanvir Ahmad, Advocate-on-Record for the Complainant.
Muhammad Akhtar, Asstt. Advocate-General for the State.
Date of hearing: 23rd December, 1987.
ORDER
ASLAM RIAZ HUSSAIN, J.--Maqsood Ahmad petitioner has filed the present petition for leave to appeal against the judgment of the High Court dated 3-6-1987 maintaining his conviction and sentence of death under section 302, P. P. C .
2. The parties have, however, compromised the matter out of Court and the learned counsel for the petitioner has shown the proof that the complainant party has amply been compensated. We are of the view that the accused party has duly compensated the heirs of the deceased.
3. Learned Assistant Advocate-General who appeared for the State on notice having been sent to him, does not oppose the compromise. In these circumstances we are of the view that the compromise between the parties in this case is a sufficient mitigating circumstance for reducing,, the petitioner's sentence from death to imprisonment, for life.
4. The petition is, therefore, converted into appeal and allowed partly, inasmuch as the sentence of death awarded to Maqsood Ahmad petitioner is reduced to imprisonment for life. The sentence of fine shall, however, be maintained.
S.Q./M-313/S Sentence reduced.