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Petitioner: MUHAMMAD ANWAR VS Respondent: STATE
1987 S C M R 128
1987 S C M R 128
Present: Aslam Riaz Hussain, Javid Iqbal and Ali Hussain Qazilbash, JJ
MUHAMMAD ANWAR‑‑Petitioner
Versus
The STATE‑‑Respondent
Criminal Petition for Leave to Appeal No. 51 of 1982, decided on 4th November, 1986.
(Against the order of the Lahore High Court, Lahore, dated 19‑1‑1982, passed in Criminal Appeal No. 283 of 1979).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302‑‑Sentence of death‑ Reduction in‑‑Compromise with sufficient compensation‑‑Mitigating circumstance‑‑Petitioner convicted and sentenced to death‑‑Accused party sufficiently compensating heirs of deceased‑‑Parties compromised agreeing to keep future peace‑‑Compromise treated a mitigating circumstance‑ Conviction of petitioner and sentence of fine maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and partially allowed.‑‑[Sentence‑‑Compromise].
Shamim Abbas Bokhari, Advocate Supreme Court and Syed Ali Imam Naqvi, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 4th November, 1986.
ORDER
ASLAM RIAZ HUSSAIN, J.‑‑Muhammad Anwar petitioner was tried and sentenced to death under section 302, P.P.C. for the murder of Mst.Amanat Bibi. His appeal before the High Court failed and the sentence of death was confirmed. Hence the present petition for leave.
2. It has been submitted before us that the parties have compromised of the Court. The compromise‑deed along with affidavit by the relevant persons have been placed on the record. It appears from the compromise-deed that the accused party has sufficiently compensated the heirs of the deceased and that the latter are satisfied with the terms of the compromise which is necessary for future peace between them.
3.In this view of the matter we convert this petition into appeal and accept the same partially. Treating the aforementioned compromise as a mitigating circumstances, we maintain the petitioner's conviction but reduce his sentence of death to that imprisonment for life. The sentence of fine is, however, maintained.
M.I. Order accordingly.