ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Jail Appeal No.D-83 of 2019

Criminal Reference No.D-46 of 2019

Date of hearing

Order with signature of Judge

1. For hearing of M.A.No.1772/2020 (345(2) Cr.PC).

2. For hearing of M.A.No.1773/2020 (345(4) Cr.PC).

3. For hearing of M.A.No.1774/2020 (345(6) Cr.PC).

4. For hearing of main case.

23.09.2020

Mr. Ahmed Bux Abro, Advocate for the appellants.

Mr. Muhammad Noonari, D.P.G for the State.

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01. Granted.

02. Granted.

03 & 04. Facts in brief necessary for passing the instant order are that the appellants with two unknown culprits, allegedly in furtherance of their common intention, committed Qatl-e-Amd of Muhammad Ismail, by causing him fire shot injuries, for that they were booked and reported upon by the police.

At trial, the appellants did not plead guilty to the charge and the prosecution to prove it, examined in all eight witnesses including the complainant and then closed its side.

On conclusion of the trial, the appellants were awarded death penalty as “Tazir” with fine of Rs.500,000/- each payable to the legal heirs of the deceased and in default whereof to undergo S.I for six months, by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide his judgment dated 09.12.2019, which is impugned by the appellants before this Court by way of preferring the instant jail appeal.

The learned trial Court had also made a reference in terms of Section 374 Cr.PC, for confirmation of death sentence.

During course of hearing of instant jail appeal and reference, the appellants filed listed applications for compounding the offence with the complainant party and for their acquittal by way of compromise.

On inquiry, it transpired that deceased Muhammad Ismail was survived by the following legal heirs;

Sr.No.	Name of legal heir	Relationship with deceased	Age
01.	Ibrahim	Father	72 years
02.	Mst.Nizam Khatoon	Mother	67 years
03.	Mst.Lalan	Widow	35 years
04.	Master Ghulam Nabi	Son	16 years

It is reported by learned trial Court that the compromise arrived between the parties is genuine and voluntarily.

Whatever, is stated in the compromise application takes support from the affidavits of adult legal heirs of the deceased and “Wali” of his minor. On query, they have stated that they have waived their right of Qisas and Diyat against the appellants.

It is contended by learned counsel for the appellants that the parties have compounded the offence on intervention of their Nekmards, without fear or favour and it is true and voluntarily. By contending so, he sought for acquittal of the appellants by way of compromise.

Learned D.P.G for the State has recorded no objection to the acquittal of the appellants by way of compromise.

We have considered the above arguments and perused the record.

The compromise arrived between the parties is appearing to be true and voluntarily, and it apparently has been affected by the parties on intervention of their Nekmards, which is not objected by any one. Diyat money on behalf of minor son of the deceased has already been deposited by the appellants with the Accountant of this Court therefore, the same is accepted in the best interest of the peace and brotherhood to be prevailed between the parties.

Consequently, the conviction and sentence recorded against the appellants are set-aside and they are acquitted in terms of compromise by resorting to provision of section 345 (6) Cr.PC, they shall be released forthwith, if not required in any other custody case.

Office is directed to invest “Diyat” money, in favour of minor Ghulam Nabi son of the deceased, in some profitable scheme, to be encashed by him together with profit, on attaining the majority, subject to order of the Court.

The instant jail appeal and reference are disposed of accordingly.

J U D G E