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Petitioner: MUHAMMAD ISHAQ ALIAS KALI VS Respondent: STATE
1993 S C M R 1989
1993 S C M R 1989
[Supreme Court of Pakistan]
Present: Shafiur Rahman, Actg. CJ. and Saad Saood Jan, J
MUHAMMAD ISHAQ alias KALI ‑‑‑ Appellant
versus
THE STATE‑‑‑Respondent
Criminal Appeal No.164 of 1993, decided on 19th July, 1993.
(On appeal from the judgment of Lahore High Court, Bahawalpur Bench, dated 10‑1‑1993 passed in Criminal Appeal No.80/1990/BWP and Murder Reference No.23/1990/BWP).
Penal Code (XLV of 1860)‑‑‑
‑‑‑‑S. 302‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Compromise‑‑ During pendency of appeal in Supreme Court against conviction and sentence of accused, the heirs of the deceased had admitted the receipt of Rs.2,25,000 as "Badal‑e‑Sulh" and to have compromised and forgiven the accused‑‑‑Supreme Court, after verification of the compromise accepted the appeal and accused was acquitted accordingly.
Muhammad Munir Khan, Advocate instructed by Ch. Qamaruddin Khan Meo, Advocate ‑on‑Record for Appellant.
Nemo for Respondent.
Date of hearing: 19th July,1993.
ORDER
SHAFIUR RAHMAN, ACTG. CJ. ‑‑‑The appellant Muhammad Ishaq alias Kali stands convicted of the offence under section 302, P.P.C. for causing the death of Muhammad Ashraf and sentenced to death. His appeal against conviction and sentence is pending in this Court. The heirs of the deceased Muhammad Ashraf‑‑‑the mother, father and brother have admitted the receipt of Rs. 2,25,000 as Badal‑e‑Sulh and to have compromised and forgiven the petitioner. The compromise has been examined in chambers by a learned Judge and approved. We have also verified it in Court.
2. In view of the compromise the appeal is accepted, conviction and sentence of the appellant is set aside and the appellant is acquitted of the charge. He shall be released forthwith unless required in any other case.
NHQ/M‑1785/S Appeal accepted.