JUDGMENT SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Jail Appeal No.D-01 of 2020.
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
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Before:
Mr. Justice Irshad Ali Shah,
Mr. Justice Shamsuddin Abbasi,
01. For orders on M.A.No.679/2021 (345(5) Cr.PC)
02. For hearing of M.A.No.680/2021 (345(6) Cr.PC)
03. For hearing of M.A.No.681/2021 (345(4) Cr.PC)
04. For hearing of main case.
22.12.2021.
Mr. Imtiaz Ali Mugheri, Advocate for the appellants.
Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.
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IRSHAD ALI SHAH, J;- Appellants, for committing murder of Junaid by causing him fire-shot and hatchet injuries, were convicted and sentenced to death u/s.302(b) PPC, with fine of Rs.200,000/- each payable to legal heirs of the deceased as compensation, by learned 1st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 06.01.2020, which has been impugned by the appellants before this Court by preferring the instant criminal appeal from jail and a reference is also made by learned trial Court u/s.374 Cr.PC for confirmation of death sentence to the appellants.
During course of hearing of appeal and reference, the appellants entered into compromise with legal heirs of the deceased and sought for their acquittal by way of compromise by filing such applications.
On death, the deceased, it is said was survived by the following legal heirs;
1. Ghulam Abbas aged about 67 years (Father)
2. Mst.Begum aged about 66 years (Mother)
3. Mst.Sawera aged about 23 years (Wife)
4. Ibrahim aged about 03 years (Son)
As per inquiry report, furnished by learned trial Court on 15.06.2021, the compromise arrived at between the parties is true and voluntarily.
The adult legal heirs of the deceased have pardoned the appellants without any coercion or compulsion by waiving their right of Qisas and Diyat against him, while the minor legal heir of the deceased has pardoned the appellants by waiving his right of Qisas against them through his Wali (Mst.Sawera), while Diyat money under his share which comes to the tune of Rs.23,09,000/-, the appellants have deposited with the Accountant of this Court, such fact is also confirmed through affidavits, which are filed before this Court together with compromise applications by legal heirs of the deceased and PW Sabir Hussain being injured witness of the incident.
Learned counsel for the appellants has sought for acquittal of the appellants by way of compromise by contending that they have been pardoned by the legal heirs of the deceased and they have deposited the Diyat money under the share of minor legal heir of the deceased with the Accountant of this Court.
Learned Addl.P.G for the State who is assisted by legal heirs of the deceased has recorded no objection to acquittal of the appellants by way of compromise.
We have considered the above arguments and perused record.
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 the parties. Consequently, the appellants are acquitted of the offence punishable u/s.302(b) PPC by way of compromise u/s.345(6) Cr.PC. They shall be released forthwith in the present case.
The Accountant of this Court is directed to invest the Diyat money under share of minor in some profitable scheme with National Saving Centre, to be encashed by him, with profit, if any, on attaining the age of majority, subject to order of this Court.
The instant criminal jail appeal and reference are disposed of accordingly together with listed applications.
JUDGE
JUDGE