IN THE HIGH COURT OF SINDH, SUKKUR BENCH AT SUKKUR

Criminal Jail Appeal No. S-300 of 2019

 

                                    PRESENT:-

 

                                    Mr. Justice Zulfiqar Ali Sangi

 

Appellants:                              Wahid Bux @ Wahido and Hazoor Bux through Mr. Muhammad Nasir Malik, advocate.

Complainant:                           Khadim Hussain through Mr. Muhammad Panah G. Channa, advocate

The State:                                Through Mr. Khalil Ahmed Maitlo, D.P.G for the State.

Date of hearing:                       01-11-2021.

Date of decision:                      12-11-2021.  

 

J U D G M E N T  

 

Zulfiqar Ali Sangi, J.              Through instant criminal jail appeal, the appellants Wahid Bux @ Wahido and Hazoor Bux, have assailed the judgment dated 07.12.2019, passed by the learned 1st Additional Sessions Judge/Model Criminal Trial Court, Sukkur, in Sessions Case No.221/2015, (re: State V/s Wahid Bux @ Wahido and others) culminated from Crime No. 02/2015 of Police Station Tamachani, for the offences under Sections 302, 452, 337-H/2, 504 P.P.C, whereby the trial court has convicted the appellants U/s 302(b) P.P.C and sentenced them to undergo rigorous imprisonment for life as Tazir. They further directed to pay fine of Rs.200,000/- each, as compensation, to the legal heirs of the deceased; in case of failure, they shall suffer imprisonment for three months more. The appellants were also given benefit of Section 382-B Cr.P.C.

2.                During pendency of the appeal, the appellants filed applications under section 345(2) Cr.P.C and 345(6) Cr.P.C (bearing M.A. Nos. 4713 & 4714 of 2021) along with affidavits of the legal heirs of the deceased. This court vide order dated 06.09.2021, directed the trial court to hold the inquiry with regard to the genuineness of the compromise arrived at between the parties. The report from trial court dated 29.09.2021 has been received. The trial court in order to ascertain the legal heirs of deceased, called the reports from Mukhtiarkar (Revenue) Lakhi and the S.H.O P.S. Tamachani. The Mukhtiarkar, Lakhi and concerned S.H.O have reported that grandfather, grand-mother, father and mother of above named deceased have already been expired. The notice with regards to the compromise was also published in the newspaper "Daily Awami Awaz", dated 17.09.2021 but no one objected the compromise before the trial court so also before this court.

3.                In compliance of order dated 06.09.2021, I-Additional Sessions Judge/MCTC, Sukkur after completing all the required legal formalities submitted his single report dated 29.09.2021 as stated above.  

4.                Learned counsel for the appellants contended that all the legal heirs of the deceased are major and they have waived their right of Qisas and Diyat and have excused the appellants with their free-will and consent without any inducement or pressure and compromise arrived at between the parties, is genuine.

5.                Learned Deputy Prosecutor General for the State and learned counsel for the complainant have raised no objection to the compromise applications of the appellants, in view of the report submitted by trial court which meets all necessary legal requirements in order to give effect to the compromise agreement.  

6.                I have heard the learned counsel for the appellants and learned D.P.G for the State so also counsel for the complainant and have perused the record with their able assistance.  

7.                Record reflects that Trial Court has called the legal heirs of deceased Fateh Muhammad namely Mst. Razia @ Rozina (widow), Fida Hussain (son) and Ghulam Hussain (brother) recorded their statements, who stated in their statements that they have entered into compromise with present accused, namely, Wahid Bux @ Wahido s/o Hadi Bux and Hazoor Bux s/o Hadi Bux by caste Shaikh and have pardoned and forgiven them in the name of Almighty Allah with their sweet and free will without any pressure, compulsion, coercion and promise. They have not received any Compensation and waived off right of Qisas and Diyat against present accused and they have no objection if the accused Wahid Bux @ Wahido and Hazoor Bux are acquitted.

8.                After considering all aspects of the case, I am of the view that the legal heirs of the deceased are competent to compound/compromise the offence with the appellant/accused. The compromise arrived between the parties on the very face of it appears to be genuine and true, without any due inducement or pressure.

9.                Record further reveals that Appellant No.1 Wahid Bux @ Wahido was arrested on 27.01.2015 and the Appellant No.2 was also taken into custody on the date of pronouncement of impugned judgment i.e. 07.12.2019. They are only convicted and sentence for offence under Section 302(b) PPC for which compromise is effected in between them and the legal heirs of the deceased.   

10.              Keeping in view of the above facts the compromise arrived between the parties is hereby accepted. Consequently, appellants Wahid Bux @ Wahido S/o Hadi Bux Shaikh and Hazoor Bux s/o Hadi Bux Shaikh are hereby acquitted under Section 345(6) Cr.P.C in Sessions Case No. 221/2015, arising out of FIR No.02/2015, under Section 302, 452, 337-H/2, 504 PPC of Police Station Tamachani. The appellants be released forthwith if not required in any other custody case.  

11.              In above terms, the Criminal Appeal stand disposed of.

   

 

J U D G E