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1987 MLD 1945

MUHAMMAD YOUSAF and 2 others vs THE STATE-

Citation1987 MLD 1945
CourtLahore High Court
Case No.Criminal Appeal No,220 and Murder Reference No,161 of 1982
Date1986-12-09
Judge(s)Sh. Riaz Ahmad, Rustam S. Sidhwa
ResultN/A

{{PAGE BLUR}} RIAZ AHMED, J.--Muhammad Yousaf son of Mamoor Ali, Ws; son of Noor Muhammad and Murtaza son of Sherif were tried by Additional Sessions Judge at Multan on a charge under section 3 read with section 34 of the Pakistan Penal Code for having mils the murder of Mst.Amiran wife of Amir Complainant PW.6. The learn Additional Sessions Judge, vide his judgment dated 23-10-1982, fou all the appellants, named above, guilty on the said charge a accordingly they were sentenced to death and to pay a fine of Rs,5,11 (five thousand only) each or in default of the payment of fine suffer further rigorous imprisonment for a period of two years eac It was further directed by the learned Additional Sessions Jud that in case of recovery of the fine, half of the same shall be pE to the heirs of Mst.Amiran as compensation under section 544 Cr.P.C. The convicts have preferred this appeal, while the case h also been referred to this Court under section 314, Cr.P C.

2. At the very outset the parties appeared in the Court a stated that with a view to bring amity and peace, they ha compromised. The parties are closely related to each other. T appellants Yousaf and Wazir are sons of Marroor and Noor Muhamma respectively, who are real brothers,. The appellant Yousaf is hush.' of Sakina, a daughter of Amiran, deceased Appellant Mustafa is a of Sherif, who is the paternal-cousin of Noor and Mamoor, the fathe of appellants Wazir and Yousaf, respectively.

3. The heirs of Mst.Amiran, namely, Muhammad Arnir complainent her sons Jaffar and Zakar and her daughter Sakina have enter appearance, and a written compromise has been filed. According the said compromise the heirs of the deceased have pardoned t appellants in the name of Allah and have also foregone their right recover the compensation to be paid to them out of the' fine.

4. In this view of the matter, we appreciate the desire of to parties and, as laid down by the Supreme Court of Pakistan in t case reported as Ghulam Jaffar v. The State 1985 SCMR 1938, 1 treat this compromise as a mitigating circumstances. Hence maintains the conviction we alter the sentence of death awarded to the appellan into life imprisonment. Accordingly, we direct that each of t appellants shall suffer life imprisonment, and shall also be entitled the benefit under section 382-B Cr.PO in computation of their sentenc Thee sentence of fine,is also remitted. With these observations, th appeAkend reference is disposed of. Death sentences altered into rife irnprisonmen {{PAGE BLUR}}

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