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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RAFIQUE VS Respondent: STATE
1982 S C M R 641
1982 S C M R 641
Present : Nasim Hasan Shah and M. S. H. Qureshi, JJ
MUHAMMAD RAFIQUE‑Petitioner
versus
THE STATE‑Respondent
Criminal Petition for Special Leave to Appeal No. 668 of 1980, decided 10th March, 1982.
(On appeal from the judgment dated 9‑7‑1980 of the Lahore High Court, bore in Criminal Appeal No. 275 of 1979 and Murder Reference No. 13 of 1979).
Constitution of Pakistan (1973)‑
‑‑Art. 185 (3) read with Penal Code (XLV of 1860), S. 302‑[Murder- case]‑Compromise‑Leave to appeal‑Parties entering into compro mise, complainant receiving consideration, pardoning accused and praying for his acquittal‑Contended by reliance on a Supreme Court decision that accused petitioner, convicted to death, in circumstances entitled to reduction in sentence‑Leave granted, inter alia, to consider whether sentence be reduced.‑[Sentence].
Mahmud Ali Qasuri, Senior Advocate Supreme Court, B. A. Saleemi, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for petitioner.
Talib H. Rizvi, Advocate Supreme Court and Syed Ali Imam Naqvi, Advocate‑on‑Record for the Complainant.
Nemo for the State.
Date of hearing : 10th March, 1982.
ORDER
NASIM HASAN SHAH, J.‑Mohammad Yousuf, P. W. 1, complainant and father of the deceased is present and is identified by Mr. Talib Haider Rizvi, Advocate, who was his counsel before the Sessions Court and the High Court.
The parties have entered into a compromise, a copy whereof has been co aced on the record, which shows that the complainant had pardoned the convict and prays that he be acquitted. He has already received a consideration of Rs. 70,000 out of Rs. 1,50,000 which are to be paid to him for the benefit of the, minor daughters of the deceased. All these averments are confirmed by the complainant.
Mr. Mabmud Ali Qasuri, learned counsel for the petitioner relies on the L D 1982 S C 139 and submits that the petitioner, who has been awarded the death sentence, is at least entitled to reduction in the sentence in the above circumstances.
Leave is, accordingly, granted inter alia, to consider whether the sentence should be reduced.
Leave granted.