ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Revision Appln.No.S-42 of 2017.

Date of hearing

Order with signature of Judge

Before: Mr.Justice Irshad Ali Shah  

Ø For hearing of case

Ø For orders on M.A.No.4472/2018 (345-5 r/w  Sec: 439 Cr.PC)

Ø For orders on M.A.No.4473/2018 (345-6  r/w  Sec: 439 Cr.PC)

Date of hearing:    26.11.2018

Date of decision:   29.11.2018

                        Mr. Athar Abbas Solangi, Advocate for the applicants.

Mr. Imdad Ali Joyo, Advocate  for  the complainant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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                        The facts in brief necessary for passing of instant order are that the applicants with rest of the culprits, allegedly after having formed an unlawful assembly and in prosecution of their common object, by using criminal force, caused hatchet and iron rod blows to PWs Moula Bux, Haji Abid Ali and Shahid Khan, and then went away by making aerial firing to create harassment, for that they were booked and challaned before learned 2^nd Civil Judge & Judicial Magistrate, Dokri.

                        On conclusion of the trial, co-accused Ghulam Shabir, Haroon, Sabir, Muhammad Awais, Sajid, Papan alias Naveed, Ghulam Mustafa, Rashid, Majid and Nazir were acquitted by learned trial Magistrate while extending them benefit of doubt, while the applicants and co-accused Rasheed and Shakeel were convicted to different terms, as are detailed in judgment of learned trial Magistrate, vide judgment dated 10.11.2016.

                        The appeal so preferred by the applicants against their conviction and sentence was dismissed by learned 6^th Additional Sessions Judge, Larkana, vide judgment dated 04.10.2017.

                        The applicants being aggrieved of dismissal of their appeal by learned Appellate Court has impugned the same before this Court by way of instant Crl.Revision Application.              

                        During pendency of the instant Crl.Revision Application, the applicants entered into compromise with the complainant party and then they filed such application u/s 345 (6) r/w Section 439 Cr.PC, it is signed by complainant Muzafar Ali and PWs Haji Abid, Moula Bux and Shahid Khan and the applicants, and as token of its correctness they have also filed their affidavits, stating therein that they have forgiven the applicants at the intervention of nekmards of their community and have waived their right of Qisas and Diyat against them.

                        It is contended by learned counsel for the applicants that the compromise which is arrived at between the parties is true and genuine. By contending so, he sought for its acceptance.

                        Learned D.P.G for the State and learned counsel for the complainant have recorded no objection to the acceptance of compromise application.

                        I have considered the above arguments and perused the record.

                        The compromise which is arrived at between the parties is appearing to be true and genuine, which apparently has been effected by the parties without coercion or compulsion. It is therefore accepted in the best interest of peace and brotherhood, which is expected to be prevailed between the parties. Consequently, the applicants are acquitted of the offence for which they were charged, their bail bonds stand cancelled and sureties are discharged.

                        The instant Crl.Revision Application together with listed applications is disposed of in above terms.

                                                                                                                                JUDGE