IN THE HIGH COURT OF SINDH, BENCH AT
SUKKUR
Criminal
Appeal No. S-11
of 2006
Appellant: Asif Ali Shah, Through
Mr. Muhammad Ali Dayo, Advocate.
The State: Through Mr, Aftab
Ahmed Shar,
Add.P.G for the State.
Date of hearing: 30-08-2021
Date of decision: 13-09-2021
O R D E R
ZULFIQAR ALI SANGI, J. Through
instant criminal appeal, the appellant Asif Ali Shah,
has assailed the judgment dated 18.01.2006, passed by the learned Additional Sessions
Judge, N. Feroze in Sessions Case No.171/2004, (re:
State V/s Asif Ali Shah) culminated from
Crime No.60/2004 of Police Station N. Feroze, for
offence under Sections 320,279,337-G,337-F (vi), 337-I(2) P.P.C, whereby the
trial court has convicted the appellant for the offence U/S 279,337-G,
337-L(2), 320 P.P.C of section 382-B Cr.P.C and sentenced him as mentioned in
the judgment of the trial court.
2. During
pendency of the appeal, the parties filed applications U/S 345 (2) Cr.P.C, 345 (4)
Cr.P.C and 345(6) Cr.P.C along with affidavits of the legal heirs of the
deceased and of the injured persons. This court vide order dated 29.04.2014,
sent these applications to the trial court to hold inquiry with regard to the
genuineness of the compromise arrived at between the parties and submit its
report. The reports from the trial court dated 06.05.2014 and 09-06-2014 have
been received. The trial court in order to ascertain the legal heirs of
deceased, called the reports from Mukhtiarkar (Revenue),
Bhiria City and the S.H.O Police Station Bhiria City. During the process of said inquiry no any
person appeared before the trial court to file objections in respect of names
of legal heirs of the deceased. Notice was also got published in the newspapers
in respect of the compromise. It is observed that trial court recorded the
statements of major legal heirs of the deceased and the injured persons;
however at that time Manzoor Ali, Amir Ali, Naveed Ali and Miss Afshan were
minors and subsequently except Miss Afshan all become
major and filed their affidavits in respect of their compromise with the
appellant.
3. Learned
counsel for the appellant contended that Diyat amount
of Rs.265000/- in favour of minor Miss Afshan was
deposited on 18.10.2020 in shape of saving certificate in her name in compliance
of the order dated 02.11.2020. He has therefore, prayed for acceptance of the
compromise and for acquittal of the accused.
4. Learned Additional Prosecutor General
for the State has raised no objection to the compromise applications of the
appellant, in view of the report submitted by trial court. According to him the
report meets all necessary legal requirements in order to give effect to the
compromise agreement.
5. I have heard the
learned counsel for the appellant and learned D.P.G for the State and have
perused the record with their able assistance.
6. Record
reflects that Trial Court has recorded the statements of major legal heirs and
the injured, who stated in their statements that they have entered into compromise
with present accused and have pardoned and forgiven him in the name of Almighty
Allah with their sweet and free will without any pressure, compulsion or
coercion. They have no objection, if, the appellant/accused is acquitted.
7. After considering
all aspects of the case, I am of the view that injured and 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.
8. Considering
genuineness of the compromise, I feel no hesitation to accept the same as the
offence punishable under Sections 337-G and 320 PPC against the appellant are compoundable;
However, for the offence under section 279 PPC which is shown in
the schedule as non-compoundable but the same was committed during the same
transaction, the punishment provided for such offence is for two years and fine
of Rs: 3000/= therefore, it can be compounded. Reliance is place in the cases of Hussain Bux
and others v. The State(PLD
2003 Karachi 127) and Ashique Solangi and another v.
The State (PLD 2008 Karachi 420)
9. Keeping in view of
the above facts the compromise arrived between the parties is hereby accepted.
Consequently, appellant Asif Ali Shah is hereby
acquitted under Section 345(6) Cr.P.C in Sessions Case No. 171/2004, arising
out of FIR No.60/2020, under Sections 279, 337-G and 320 PPC of police station N.
Feroze. The appellant is on bail his bail bonds are
cancelled.
10. Amount of Diyat, deposited
by the appellant in shape of saving certificate remains in the name of Miss Afshan till her attaining the age of 18 years (majority).
11. In above terms, the Criminal Appeal stand
disposed of.
JUDGE