ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 703 of 2019

Confirmation Case No. 39 of 2019

 

DATE                         ORDER WITH SIGNATURE OF JUDGE

Before:                                                      

Mr. Justice Mohammad Karim Khan Agha

Mr. Justice Irshad Ali Shah

1.       For hearing of main case

2.       For hearing of M.A.No. 7487/2021

3.       For hearing of M.A.No. 7488/2021

 

 

Appellant:                                        Muhammad Siddique through Mr. Muhammad Aslam advocate

 

Respondent:                                     The State through Mr. Muhammad Iqbal Awan Additional Prosecutor General Sindh

 

Complainant:                                  Rasool Bux through Mr. Iqrar advocate

 

Date of hearing:                              30.09.2021

 

Date of announcement:                04.10.2021

-.-.-.-.-.-.-.

The appellant for an offence punishable under Section 302(b) PPC for committing murder of Mst. Fouzia, after due trial was convicted and sentenced to death subject to confirmation by this Court with fine of Rs.300,000/- payable to the legal heirs of the deceased as compensation and in case of default  whereof to undergo simple imprisonment for six months by learned 1st Additional Sessions Judge, Karachi East vide judgment dated 24.10.2019, which is impugned by the appellant by preferring the instant appeal. A reference is also made by learned trial Court for confirmation of death sentence to the appellant.

2.         During course of hearing of the instant appeal and reference, the appellant and the complainant party entered into compromise and then filed such applications, those were assigned to learned trial Court for inquiry and report.

3.         As per inquiry report, the deceased on death was survived by the following legal heirs;

           

i.  Rasool Bux                       Father

            ii. Mst. Taj Mai                    Mother

 

 

 

4.         It is reported by learned trial Court in inquiry report that the legal heirs of the deceased have pardoned the appellant without any coercion or compulsion for sake of Allah by waiving their right of Qisas and Diyat against him.

5.         Learned counsel for the appellant has sought for acquittal of the appellant by way of compromise by contending that he has been pardoned by the legal heirs of the deceased.

6.         Learned Addl. P.G for the state has recorded no objection to acquittal of the appellant by way of compromise stating that co-accused Mst. Nazia Rasool has already been acquitted by learned trial Court by way of compromise.

7.         We have considered the above arguments and perused the record.

8.         The compromise arrived at between the parties is appearing to be genuine, true and voluntarily. It is not objected by anyone, it is therefore, accepted in the best interest of peace and brotherhood to be prevailed between them, consequently, the appellant is acquitted of the offence punishable u/s 302(b) PPC by way of compromise u/s 345(6) Cr.P.C. He shall be released from the said offence forthwith, if not required to be detained in any other custody case.

9.         The instant appeal and reference are disposed of accordingly together with listed applications.

 

JUDGE

JUDGE