ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Criminal
Jail Appeal No.S-32 of 2020.
Date of hearing |
Order with
signature of Judge |
1.
For orders on M.A.No.2504/2021.
2.
For hearing of MA
No. 419/2021.
3.
For hearing of MA
No. 420/2021.
4.
For hearing of
main case.
5.
For hearing of MA
No. 3976/2020.
6.
For Orders on MA
No. 8063/2020.
O R D E R.
24-05-2021.
Mr.
Muhammad Bux Maitlo, Advocate for the appellants.
Mr.Saeed Jamal
Lund, advocate for the complainant.
Mr. Zulfiquar Ali Jatoi, A.P.G for
the State.
~.~.~.~.~.~.~.~.~.~.~
IRSHAD ALI SHAH, J; It is alleged
that the appellants with respect of culprits after having formed an unlawful
assembly in prosecution of their common object committed murder of Sakhi Bux by
causing him fire shot injuries and then went away by making fires in air in
order to create harassment, for that they were booked and reported upon.
2. On due trial, they
for an offence punishable u/s 302 r/w 149 PPC were convicted and sentenced to undergo
imprisonment for life and to pay compensation of Rs. Three lacs each to the
legal heirs of said deceased or in default whereof to undergo simple
imprisonment for six months with benefit of section 382-B Cr.P.C by learned 3rd
Additional Sessions Judge/(MCTC-II) Sukkur vide his judgment dated 21-02-2020,
which is impugned by the appellants before this Court by preferring instant
Crl. Jail Appeal.
3. During course of
hearing of the instant Crl. Jail Appeal, the appellants filed an application for
compounding the offence with the complainant party, it was signed/consented by the
complainant and legal heirs of the said deceased.
4. Deceased Sakhi Bux
on his death as reported by SHO PS Kandhra and Mukhtiarkar Taluka Khairur, was survived
by the following legal heirs;
Sr.No. |
Name of legal heir |
Relationship with deceased |
01. |
Aalia Khatoon |
Wife aged about 65 years |
02. |
Mst. Nasreen |
Daughter aged about 29 years |
03. |
Zahid Hussain |
Son aged about 27 years |
04. |
Shahid Ali |
Son aged about 25 years |
05. |
Akber Khan |
Son aged about 12 years. |
5. On inquiry, complainant Ranjhan and the adult legal heirs of
the said deceased were fair enough to say that they have waived their right of Qisas and Diyat against the appellants
and they would be having no objection, if they are acquitted.
6. It is stated by
Mst. Aalia Khatoon being “Wali” of
Akber Khan that she has also waived the right of “Qisas” against the appellants on behalf of minor Akber Khan.
However, “Diyat” money worth Rs.
6,94,338/- under his share has already been deposited by the appellants with Accountant
of this Court.
7. It is contended by
learned counsel for the appellants that the compromise which is arrived at
between the parties is true and genuine. By contending so, he sought for
acquittal of the appellants by way of compromise.
8. Learned A.P.G for
the State and learned counsel for the complainant have recorded no objection to
the acquittal of the appellants by way of compromise.
9. I have considered
the above arguments and perused the record.
10. The compromise
which is arrived at between the parties is appearing to be true and genuine,
which apparently has been effected by them without coercion or compulsion, it
has not been objected by anyone, therefore, it is accepted in the best interest
of peace and brotherhood, which is expected to be prevailed between them.
Consequently, the appellants are acquitted of the offence for which they were
charged, tried and convicted by learned trial Court, they shall be released
forthwith, if are not required in any other custody case.
11. The amount/Diyat money under share of minor Akber
Khan deposited with the accountant of this Court to be invested by in some
profitable scheme with National saving Center to be en-cashed by the minor on
attaining the majority subject to order of this Court.
12. The instant criminal
Jail Appeal is disposed of accordingly together with listed applications.
JUDGE
Nasim/P.A