IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Before:

Mr. Justice Adnan Iqbal Chaudhry

Mr. Justice Zulfiquar Ali Sangi

Criminal Appeal No. D-01 of 2021

Criminal Conf. No.D-02 of 2021

Appellant:                            Zulfiqar Ali Khoso

Through Mr. Amanullah Luhur, Advocate

The State:                             Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh

Date of Hearing:                   25.01.2023

Date of Decision:                25.01.2023

JUDGMENT

Zulfiquar Ali Sangi, J.: Through this Judgment, we intend to decide instant Criminal Appeal filed by appellant Zulfiqar Ali son of Dilee Jan Khoso, who was convicted and sentenced through Judgment dated 09.01.2021, passed by learned First Additional Sessions Judge/MCTC, Kamber in Sessions Case No.410 of 2014 (Re- State v/s. Zulfiqar Khoso), arising out of Crime No.35 of 2014, registered at Police Station Sijawal for the offence punishable under sections 302, 148 & 149 P.P.C.

2.         The appellant after dress trial was convicted under section 302 (b) P.P.C and sentenced to Death as Tazir for commission of murder (Qatl-i-Amd) of Haji Mashooque and to pay compensation of Rs.2,00,000/- (Rupees Two Lacs only), to be paid to the legal heirs of the deceased as compensation within the meaning of section 544-A Cr.P.C, in default thereof to undergo six months simple imprisonment.

3.         During pendency of this appeal parties have entered into compromise and have filed compromise applications under sections 345(5) & 345(6) Cr.P.C. and the matter was sent to the learned Trial Court for enquiry about verification and genuineness of compromise between the parties.  The learned trial Court after completing all codal formalities and recording statements of the legal heirs of the deceased has furnished its report dated 25.08.2021. It reveals from the report that compromise between the parties is genuine, voluntary and without any coercion and compulsion. 

4.         Learned counsel for the appellant-accused submits that the parties have voluntary entered into compromise on intervention of nekmards of the locality; complainant and surviving legal heir have forgiven the appellant-accused in the name of Almighty Allah and has also waived their right of Qisas and Diyat. He next contended that Diyat amount being share of the minors namely Muhammad Ibraheem, 2). Barkat Ali, 3). Safooran and 4). Shabiran as calculated by the Accountant of this Court as Rs.16,19,446/- has been deposited by the appellant before this Court. 

5.         Learned Deputy Prosecutor General has recorded his no objection on the ground that the legal heirs of the deceased have voluntarily forgiven the right of Qisas and Diyat and the report of trial Court is in favour of the appellant.

6.         Heard learned counsel for the respective parties and have perused the material available on record.  The surviving legal heir of the deceased i.e. Widow of the deceased and sons and daughters have jointly filed compromise applications under sections 345(5) & 345(6) Cr.P.C. and the matter was referred to the learned Trial Court for enquiry regarding genuineness of the compromise between the parties.  The learned Trial Court after enquiry has furnished its report, which reveals that the surviving legal heirs of the deceased have pardoned the appellant-accused in the name of Almighty Allah and do not claim right of Qisas and Diyat. It is further clarified from the report of Accountant of this Court that share of the minors has already been deposited by the appellant being Diyat amount and the mother of the minors also filed an affidavit on behalf of the minors being their Wali appointed by this Court vide order dated 11.01.2023.

7.         In view of above, compromise application filed under section, 345(5) Cr.P.C is allowed and permission is granted to the parties to compound the offence and application under section 354(6) Cr.P.C is also allowed as a result thereof, appellant Zulfiqar Khoso is acquitted of the charge by way of compromise in Crime No.35/2014, offence U/s.302,148, 149 PPC of P.S Sijawal. He shall be released forthwith, if not required in any other criminal case. Accountant of this Court is directed to invest the share amount of above named minors with some profitable scheme of National Saving Centre, the same would be encashed by them on attaining the age of majority.

            The confirmation reference made by learned trial Court is answered in negative.

Appeal and the confirmation reference are disposed of in the above terms.

        JUDGE

                JUDGE

Manzoor

       .