IN THE HIGH COURT OF SINDH

AT LARKANA

Cr. AppealS-85 of 2017      :           Bashir Bhayo vs.The State

For the Appellant                 :           Mr. Ghayoor Abbas Shahani, Advocate

For the Respondents          :           Mr. Muhammad Afzal Jagirani, Advocate

Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing                    :           14.02.2022.

Date of order                         :           14.02.2022

ORDER

Agha Faisal, J.         Appellant Bashir Bhayo was tried by learned 1st Additional Sessions Judge, Kandhkot, vide Sessions Case No.147 of 2017 for offence under sections 302, 311, 34 P.P.C of P.S. B-Section, Kandhkot. On the conclusion of trial vide Judgment dated 27.09.2017, appellant was convicted under section 302(b) P.P.C and sentenced to imprisonment for life directing him to pay compensation amount of Rs.100,000/- (one lac only) to the legal heirs of deceased Abdul Shakoor in case of default to further undergo R.I for six months

2.         During pendency of appeal, M.A. No.7614 of 2021 and M.A.No.7615 of 2021 under section 345 (2) and 345(6) Cr.P.C respectively were moved by the parties / legal heirs of the deceased for permission to enter into compromise. It was prayed that compromise be accepted and the appellants may be acquitted of the charge. Alongwith the aforesaid application affidavits on prescribed proforma of the legal heirs of the deceased have also been filed.

3.         Compromise applications were sent to the trial Court with the direction to hold inquiry regarding the genuineness or otherwise of the compromise arrived at between the parties. Trial Court after holding the inquiry submitted reported dated 24.12.2021 stating therein that per statement of legal heirs they have clearly deposed that they have forgiven the accused person in the name of Allah the almighty. The list of legal heirs of deceased is as under:

1.         Abdul Khalique, brother of deceased (CNIC No.43503-0398159-5)

2.         Abdul Malik, brother of deceased (CNIC No.43503-0425719-3)

3.         Jawan Khan, brother of deceased (CNIC No.43503-0402708-3)

4.         Mst. Begum,sister of deceased (CNIC No.43102-5093927-2),

5.         Arbab, brother of deceased (CNIC No. Nil Mobile No.0307-2084847)

4.         The trial Court in the report dated 24.12.2021 has mentioned that legal heirs of deceased have forgiven accused Bashir Bhayo in the name of ALLAH the almighty and did not claim Qisas and Diyat. For the satisfaction of the Court we have also heard learned Deputy Prosecutor General, Sindh Mr. Aitbar Ali Bullo, appearing for the State who affirms such position and perused the affidavits of legal heirs. All the legal heirs stated that they have forgiven the appellant in the name of Allah the almighty and waived their rights of Qisas and Diyat.

5.         In the instant case, appellant was charged for the offence of Qat-i-Amd of Abdul Shakoor. On the conclusion of the trial, he was found guilty of the offence thereby convicted as stated supra. Offence of murder is compoundable in nature. While the right of same vests with the legal heirs of the victim with reference to section 345, Cr.P.C. In addition thereto a right of Waiver is available to a sane adult “Wali” of a victim. In exercise thereof he/she can waive his right of Qisas without acceptance of any compensation as provided under section 309 P.P.C. But section 310 PPC is an addition thereto, which also empowered a sane “Wali” of a victim to compound his right of Qisas on accepting of compensation. In view of the mentioned provisions only a sane adult “Wali” can exercise the right of waiver or compounding to forgo the right of Qisas with or without compensation. But, in both cases the discretion lies with the court to accept the compromise or the settlement if it fulfilled all the legal heirs requirements, and to make an order of acquittal or conviction 3 of the offender keeping in view the facts and circumstances of the case and nature of the offence.

6.         In the present case, all the legal heirs are adults, they appeared before the learned Trial Court and stated that they entered into compromise with accused person without any duress or compulsion with their freewill being the legal heirs of the deceased.

7.         In view of above discussion as offence is compoundable, permission to the parties to enter into compromise is allowed for better relations between the parties in future. Consequently, compromise application is allowed. Resultantly, appellant Bashir Bhayo is acquitted in FIR No.45 of 2016 registered at P.S. B-Section Kandhkot under section 302 P.P.C.

8.         In the view of above, while allowing the compromise applications, appeal is disposed of in above terms.

JUDGE