| Case ID |
41f498e8-d1a4-4d1a-810c-57c721182d3c |
| Body |
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| Case Number |
Criminal Appeal No. (S) 57 and Murder Reference No |
| Decision Date |
Mar 18, 2015 |
| Hearing Date |
Sep 26, 2014 |
| Decision |
The High Court altered the death sentence awarded to the appellant under Section 302(b) of the Pakistan Penal Code to life imprisonment with a fine of Rs.50,000. The court recognized the compromise reached between the legal heirs of the deceased and the appellant, which was executed in the name of Almighty Allah, as a mitigating factor. The court emphasized that such compromises should be respected and considered in sentencing. Furthermore, the court left the question of Diyat payment to the minor legal heirs for determination by the trial court, allowing the appellant to approach the trial court for payment through installments or transfer of property if necessary. |
| Summary |
In the case of Fateh Din alias Fatoo vs The State, the Balochistan High Court reviewed a criminal appeal regarding a murder conviction. The appellant was initially sentenced to death under Section 302(b) of the Pakistan Penal Code for the murder of Muhammad Moosa. However, during the proceedings, a compromise was reached between the appellant and the major legal heirs of the deceased, which was confirmed by the trial judge as voluntary and without coercion. This significant development led the court to reconsider the sentence. The court decided to alter the death penalty to life imprisonment, citing the compromise as a mitigating factor. The decision underscored the importance of legal heirs' forgiveness in cases of Qatl-i-amd, aligning the ruling with Islamic principles of Qisas and Diyat. The court also addressed the potential Diyat payments to minor heirs, allowing the appellant to seek arrangements for compensation. This case highlights the intersection of law and mercy in the judicial process, emphasizing the role of forgiveness and reconciliation in criminal justice. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KAMRAN KHAN MULAKHAIL,
MUHAMMAD HASHIM KHAN KAKAR
|
| Lawyers |
Anwar-ul-Haq Chaudhry,
Jameel Akhtar
|
| Petitioners |
Fateh Din alias Fatoo
|
| Respondents |
The State
|
| Citations |
2016 SLD 2987 = 2016 YLR 2781
|
| Other Citations |
Ghulam Hussain v. The State NLR 1993 Criminal 203,
Mst. Khanum Jee v. The State PLD 2005 Pesh. 62
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(a),
302(b),
302(c),
304,
307,
308,
310,
331,
338-E,
345
|