Cr. Jail Appeal No. 59 of 2006.

1. For hearing of MA 1368-07.

2. For hearing of MA 1369-07.

3. For Regular hearing.

O R D E R.

07.10.2009.

Mr. Madad Ali Shah for the appellant.

Mr. Shabir Ali Bozdar for the legal heirs.

Mr. Shyam Lal, A.P.G. for the State.

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Through this appeal, the appellant called in question the judgment dated 6.7.20006 passed by learned 3^rd Additional Sessions Judge, Khairpur, whereby he has convicted the appellant for offence under S.302(b) PPC and sentenced him for life imprisonment as Tazir and fine of Rs.two lacs as Diyat for committing the murder of Mst. Izzat Khatoon w/o Mohammad Iqbal.

During pendency of appeal, legal heirs of deceased filed compromise application(MA 1368-07) for grant of permission to compromise with the appellant on the ground that they and appellant are caste-fellows and on the intervention of respectables of the locality dispute has been settled between the parties amicably. They further submitted that they do not claim any compensation for Badle Sulah and have forgiven the appellant in the name of Almighty Allah. Through another application (MA 1369-07) they further prayed that compromise between them and appellant be accepted. In support of above contention, they have filed their respective affidavits and proforma of compromise. In their affidavits, they have categorically stated that they have compounded the offence with the appellant voluntary without any pressure or fear.

In order to verify the genuine of compromise between the parties, compromise applications alongwith relevant record were sent to learned trial Court vide order dated 28.9.2009. In compliance of said order, learned trial Court has sent his report which reveals that learned trial Judge has called legal heirs of Mst. Izzat and recorded their statements, in which they stated that they have compromised with the appellant voluntarily without any fear or pressure. It is further verified that the compromise is genuine one.

It is pertinent to mention here that earlier verification report was submitted before this Court, but at that time Mst. Seema and Afzal were minors, hence legally not in a position to enter into compromise with the appellant of their own accord. On the last date, legal heirs of deceased were present and they also verified the fact that compromise is genuine and voluntary.

In view of above, I accept the compromise application and set-aside the conviction and sentence awarded to the appellant. He is acquitted under section 345(6) CrPC and he be released forthwith, if not required in any other case.

With above observation, this appeal is disposed of alongwith listed applications.

JUDGE,

Ahmed.