ASLAM RIAZ HUSSAIN, J.--Muhammad Ashraf petitioner was tried and convicted for the murder of Mst. Massoodan for which he was sentenced, to death and a fine of Rs.5,000 under section 302, P.P.C. The High Court dismissed his appeal and confirmed the sentence of death.
Hence the, present petition for leave to appeal.
2. Before us the father of the deceased has appeared and produced a written agreement deed in the shape of an affidavit saying that he has been duly compensated by the accused party who have also given the hands of two girls of their family in marriage with two boys from the deceased's family. He has also stated before us that he has forgiven the accused from the core of his heart.
3. Petitioner's counsel submits that the aforementioned compromise may be treated as a mitigating circumstance and that his death sentence be reduced to that imprisonment for life.
4. We have also heard the learned counsel for the State. He has no objection. We, therefore, convert the petition into appeal. After carefully considering the matter we consider it a fit case to treat the compromise as a mitigating circumstance and as such allow the appeal to the extent that while conviction of the petitioner under section 302. P.P.C. Is maintained his sentence of death is reduced to that imprisonment for life.