ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Special Criminal Anti-Terrorism Jail Appeal No. 147 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

Before:

Mr. Justice Mohammad Karim Khan Agha

Mr. Justice Irshad Ali Shah

1. For orders on compromise report

2. For order on M.A.No. 5231/2021

3. For order on M.A.No. 5232/2021

4. For order on M.A.No. 3916/2018

5. For hearing of main case

Date of hearing: 27.09.2021

Date of announcement: 29.09.2021

Mr. Anwar Ali Shah advocate for the appellant

Mr. Muhammad Iqbal Awan Addl. P.G.

-.-.-.-.-.-.

The facts in brief necessary for passing the instant order are that the appellant committed murder of his wife Mst. Reehana Khatoon by setting her on fire by pouring Kerosene oil over her, for that he was booked and reported upon by the police. After trial, the appellant for an offence punishable under Section 7(i)(a) of ATA 1997 read with Section 302 PPC was convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.100,000/- to the legal heirs of the said deceased as compensation and in case of default in payment of fine, to undergo simple imprisonment for one year with benefit of section 382(b) Cr.P.C by learned Judge, ATC No. XIV, Karachi vide judgment dated 30.11.2017, which is impugned by the appellant by preferring the instant appeal.

2. Vide order dated 29.04.2021 passed by this Court, the appellant was acquitted for an offence punishable under Section 7(i)(a) of ATA 1997 and with this acquittal he became able to have a compromise with the legal heirs of the deceased for an offence punishable under Section 302(b) PPC, which he did by filing the listed applications.

3. On death, as reported the deceased was survived by the following legal heirs;

i. Tabraiz Ali s/o Azad Ali son

ii. Taha Ali son of Azad Ali son

iii. Zahir Ali son of Azad Ali son

iv. Shamir Ali son of Azad Ali son

v. Muhrukh Azad d/o Azad Ali daughter

vi. Mahnoor Azad d/o Azad Ali daughter

4. As per inquiry report furnished by learned trial Judge, all the legal heirs of the deceased being adult have pardoned the appellant without any coercion or compulsion by waiving their right of Qisas and Diyat against him.

5. Learned counsel for the appellant has sought for acquittal of the appellant by way of compromise by contending that he has been pardoned by the legal heirs of the deceased.

6. Learned Addl. P.G for the state has recorded no objection to acquittal of the appellant by way of compromise.

7. We have considered the above arguments and perused the record.

8. The parties are closely related to each other, 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 appellant is acquitted of the offence punishable u/s 302(b) PPC by way of compromise u/s 345(6) Cr.P.C. He shall be released from the said offence forthwith, if not required to be detained in any other custody case.

9. The instant appeal is disposed of accordingly together with listed applications.

JUDGE

JUDGE