Diyat (Blood Money) must be fully paid, including to Minor Heirs, for a compromise to be legally Valid --- Supreme Court of Pakistan Dismisses Appeal due to Unpaid Diyat
Islamabad 08-03-2025: In a significant ruling, the Supreme Court of Pakistan has dismissed the appeal of accused person, a convict sentenced to life imprisonment for murder, due to an incomplete compromise deal arising from his failure to pay Diyat (blood money) to the minor heir of the deceased. The Court reaffirmed that compromise agreements in Qisas and Diyat cases must be fully executed, including payments to all heirs, before they can be legally accepted.
The accused person was convicted under Section 302(b) of the Pakistan Penal Code (PPC) for the 2015 murder of deceased, following a dispute. The Trial Court sentenced him to death, which was later reduced to life imprisonment by the Lahore High Court, citing an unproven motive. His conviction was upheld, and a compensation of Rs. 300,000/- was imposed under Section 544-A of the Code of Criminal Procedure (CrPC).
Seeking further relief, the convict filed an appeal before the Supreme Court of Pakistan, claiming financial inability to pay Diyat and requesting modification of his sentence.
The Court found that eyewitnesses (PW-1 & PW-2) provided consistent testimony, which was fully corroborated by medical evidence (PW-11). The FIR was promptly registered within 1.5 hours of the incident, reinforcing the prosecution’s case.
A compromise deed was submitted, but the District & Sessions Judge of Gujrat reported that the minor heir of the deceased had not received his Diyat share. The Court cited (2003 SCMR 658), (2011 SCMR 1964), and (PLD 2012 SC 769), which emphasize that a compromise is legally ineffective unless the minor’s rights are fully protected.
The convict argued that he could not afford to pay Diyat, but the Court ruled that financial constraints do not exempt a convict from this legal responsibility. It referred to (PLD 2007 SC 315) (Govt. of Punjab Vs. Abid Hussain), which led to the Diyat, Arsh, and Daman Fund Rules, 2007, allowing convicts to seek financial relief or pay Diyat in installments under Section 331 PPC.
The Court advised the petitioner to apply for financial assistance through government-administered funds or request an installment plan under Section 331 PPC.
The Supreme Court of Pakistan dismissed the appeal, upholding the life sentence. The bench ruled that:
- The conviction was legally sound, based on credible evidence.
- The compromise deal was incomplete, as the minor heir’s rights were not safeguarded.
- The Petitioner could still seek financial relief under the Diyat, Arsh, and Daman Fund Rules, 2007.
With this ruling, the Court has reinforced the principle that Diyat payments cannot be avoided and that compromise in murder cases must be legally complete, especially concerning minor heirs.
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