ASLAM RIAZ HUSSAIN, ACTCI. C. J.-Iftikhar Ahmad, petitioner was tried for the murder of Khaleeq Ahmad, by an Additional Sessions Judge, Lahore, who by his judgment dated 23-7-1978, convicted him under section 302, P.P.C. and sentenced him to death with a fine of Rs. 1,000. The High Court dis--missed his appeal and confirmed the death sentence.
The petitioner then filed a petition for Leave to Appeal.
2. The parties, however, compromised the matter. The petitioner (accused) and the deceased are very closely related, the deceased being father---in-law of the petitioner's sister. The heirs of the deceased, namely, his widow and his two grown-up sons appeared before us and submitted that they had compromised the matter and forgiven the accused without receiving any compensation (i.e. Money etc.), in return.
3. The learned counsel for the petitioner submitted that in view of the compromise arrived at between the parties sentence of death awarded to the petitioner may be reduced.
4. We issued notice to the State in response to which Mr. Tanvir Ahmad Khan, Assistant Advocate- General appeared.
5. We have heard both the learned counsel and considered the question as to whether the compromise can be treated as a mitigating circumstance for reducing the sentence of death to imprisonment for life. The petitioner's counsel relied on Muhammad Bashir v. The State (1).
The learned counsel for the State, however, urged that since nothing had been given by the accused to the heirs of the deceased by way of compensa--tion, compromise in the present case could not be made the basis of reduction of sentence.
We are, however, not inclined to agree with this view. As held in Khurshid Ahmad v. The State (2) a compromise even without compensation is a good ground for reducing the sentence and is a circumstance that can certainly be taken into account for that purpose. As such keeping in view all the circumstances of this case, we convert this petition into appeal and accept the prayer and reduce the sentence of the appellant from death to imprisonment for life. The sentence of fine in this section and sections 452 and 323, P. P. C. Are maintained.
(1) PLD 1982 SC 139(2) 1976 SCMR 193