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Petitioner: RASHID ALIAS PAPPU VS Respondent: STATE
1987 S C M R 507
1987 S C M R 507
Present: Muhammad Haleem, C. J., Muhammad Afzal Zullah, Shafiur Rahman and Javid Iqbal, JJ
RASHID alias PAPPU‑‑Petitioner
Versus
THE STATE‑‑Respondent
Criminal Petition No.456 of 1985, decided on 13th January,1987.
(On appeal from the judgment and order dated 2‑11‑1985 of the Lahore High Court, Lahore, in Criminal Appeal 674 of 1983).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence, reduction of‑‑Conviction under S. 302, P.P.C. and sentence of death‑ Compromise‑‑Parties compromising on payment of compensation‑ Conviction maintained but sentence altered to imprisonment for life and fine remitted.‑‑[Sentence].
Aftab Farruukh, Senior Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record for Petitioner.
M.A Qureshi for the State.
Date of hearing 13th January, 1987.
ORDER
MUHAMMAD HALEEM, .J.‑‑The petitioner stands convicted for the murder of his step‑mother Aziz Begum and sentenced to death.
An application has been filed alongwith the affidavits that the parties have compromised and paid a compensation of Rs.95,000 to her heirs. The deceased left her surviving two major daughters Irshad Begum and Kishwar Begum; and one major son Abbas, for her former husband; and two minor sons Muhammad Hanif and Muhammad Farooq and a minor daughter Naheed from her second husband. These minors are in the custody of the mother of the deceased namely Ghulam Fatima who is too old to appear in Court while the other major issues are present in Court. On inquiry, they have stated that the compromise is genuine and voluntary. They further admit that they have received Rs.30,000 in cash while Ghulam Fatima was paid Rs.65,000 as compensation. for the minors and for herself. She has also filed an affidavit acknowledging the receipt of Rs.65,000.
On this view of the matter, we would accept the compromise and convert this petition into an appeal and dispose it of in terms that while maintaining the conviction, the capital sentence is altered to imprisonment for life and the fine awarded therefor is remitted.
M.I. /R‑1/S Order accordingly.