IN THE HIGH COURT OF SINDH, CIRCUIT COURT

LARKANA  

Crl. Appeal No. S- 38 of 2020.

Date of hearing

Order with signature of Judge

16.02.2024.

1.          For hearing of M.A. No. 4965/2022 (Under Section 345 [2] Cr.P.C).

2.         For hearing of C.M.A. No. 4966/2022 (Under Section 345 [6] Cr.P.C).

3.         For hearing of main case.

            Mr. Abdul Rehman A. Bhutto, Advocate for appellant.

            Mr. Ali Anwar Kandhro, Additional Prosecutor General.

ORDER

Muhammad Saleem Jessar, J- Appellant  Asif Ali son of Waris Ali Jagirani was tried and convicted in Sessions Case No. 420-A of 2017, Re: State v. Asif Ali, arisen out of Crime No. 19 of 2017 of P.S Mahota, registered for offences punishable under Section 302 and 34 P.P.C, vide judgment dated  17.4.2020, passed by learned             1^st Additional Sessions Judge, Larkana, whereby the appellant was convicted and sentenced to “imprisonment for life” and was directed to pay compensation of Rs.300,000/- to legal heirs of deceased and in default thereof to suffer S.I for six months more.

            2.         Appellant Asif Ali, against his conviction and sentence filed instant appeal.  However, during pendency of the appeal, the appellant entered into compromise with legal heirs of deceased and such applications in terms of Section 345 Cr.P.C. were moved, which were sent to learned trial Court, for enquiry as to verify the legal heirs of the deceased as well as genuineness or otherwise of compromise between the parties.

            3.         The learned trial Court submitted report dated 11.01.2023, which is available with the file. In its report, the learned trial Court has mentioned that during course of enquiry reports with regard to legal heirs of deceased from concerned Mukhtiarkar, SHO and NADRA authorities were  called, so also it got published such notice in the daily newspaper “Kawish”. The learned trial Court has further mentioned that since all the legal heirs of deceased Waris Ali are minors except (Asif Ali and Mst. Lal Khatoon) [who are accused in the case], as such the notice was issued to State counsel and the Deputy Commissioner Larkana, who filed his written statement dated 06.1.2023 raising therein his no objection for appointment of Government as “Wali”. However, he further stated that he cannot waive off Qisas as per Section 309 P.P.C, accordingly the Deputy Commissioner, Larkana, was appointed as “Wali” of minors. 

            4.         It further reflected from the report of trial Court that, besides appellant/ accused and his mother (co-accused Mst. Lal Khatoon, who has been acquitted by trial Court), and the minors named in the report, the deceased has also left his father, namely, Jan Muhammad as his surviving legal heir. But, neither his name was mentioned in the compromise application, nor he come forward to materialize the compromise.  However, today learned counsel for appellant filed two applications under Sections 345 (2) Cr.P.C and 345 (6) Cr.P.C. duly signed jointly by said Jan Muhammad and the appellant. These applications are duly supported with affidavit of Jan Muhammad to the effect that he has pardoned appellant Asif Ali in the name of Almighty Allah and waived off his right of “Qisas & Diyat”. The office is directed to allot numbers to these two applications. 

            5.         Besides above, the rest of legal heirs of deceased are minors. In such like cases, where deceased leaves behind him minors, their interest is to be safeguarded on the basis of their share in the “diyat” amount, which is a prescribed one. Accordingly, in lieu of “diyat” amount, the relatives of the appellant transferred a “Sikni” residential plot un-surveyed out of survey No. 506, baring Plot No.23, ad-measuring 1500 square feet situated in Aaqib Muhalla, Phase-I, City Larkana, Deh and Tapo Dodai, through registered-deed in favor of minor legal heirs, namely, Miss. Salma, Amanullah, Maryam, Hajra, Sebani and Kashif Ali. Such entry has been kept in the relevant record by the concerned revenue authorities and copy of the same has been placed on record, which is available in the file.  

            6.         In view of the above position, the learned Addl. P.G appearing for the State raised no objection, if listed applications are allowed.

            7.          Since, interest of minors stands safe guarded, therefore, there will be no impediment to allow the compromise with the appellant. As such, permission to compound the offence is accorded to the parties, and in result whereof compromise between the parties is hereby accepted and appellant Asif Ali Jagirani is acquitted of the charges in terms of compromise. The appellant is reported to be in jail; he shall be released forthwith, if his custody is not required in any other case.

            8.          The appeal alongwith listed applications stand disposed of in the above terms.

                                                       Judge

Ansari