IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No.S-38 of 2023

1. For hearing of M.A. No.3564/2023.

2. For hearing of M.A. No.3565/2023.

3. For hearing of Main Case.

4. For hearing of M.A. No.1950/2023.

Mr. Altaf Hussain Surahio, advocate for the appellant.  

Mr. Khalil Ahmed Metlo, D.P.G.

Date of hearing      : 30.11.2023.

Date of Order        : 30.11.2023.

O R D E R.

            Appellant Ghulam Muhammad son of Pahlwan, by caste Golo, was tried by the learned Additional Sessions Judge/MCTC, Kashmore, in Sessions Case No.163 / 2022, re-The State v. Ghulam Muhammad Golo & others, based on Crime No.12/2022, registered at P.S Gublo Katcho. On conclusion of the trial, trial Court convicted the appellant vide judgment dated 15.4.2023 for offence u/s 302(b) read with 34, PPC and sentenced him to suffer life imprisonment as Tazir, together with fine of Rs.300,000/- (rupees three lacs) to be paid as compensation to the legal heirs of deceased in terms of Section 544-A, Cr.P.C and in default whereof to undergo S.I. for six months more; the appellant was further convicted for offence u/s 311 read with 34, PPC and sentenced to undergo life imprisonment. Both the sentences were ordered to run concurrently. Benefit of Section 382-B, Cr.P.C was extended to the appellant.

            During pendency of instant appeal, the appellant and the legal heirs of deceased entered into compromise outside the Court and they filed listed applications M.A. No.3564/2023 for permission to enter into compromise, and M.A. No.3565/2023 for acquittal of the appellant in terms of compromise.

            Learned Counsel for the appellant submits that the parties have entered into the compromise and as a result whereof the legal heirs of deceased Dadli have pardoned the appellant/convict and also waived their right of Qisas and do not claim compensation/badl-i-sulh etc. He submits that compromise may be accepted and appellant may be acquitted of the charge by means of the compromise. The heirs of the deceased have filed their affidavits in support of the compromise applications, thereby affirming the fact of the compromise.

            The offence, with which the appellant was charged, tried and convicted, is compoundable subject to permission of the Court; however, before accepting composition of the offence the Court is duty bound to ascertain whether the compromise is genuine and made by the legal heirs of the deceased with their own free-will and whether the acquittal of the convict will be in the interest of the parties and the society. Once the above conditions are satisfied and the Court permits composition of the offence the convict has to be acquitted under sub-section (6) of section 345 of Cr.P.C.

            In order to verify the genuineness of the compromise and also to confirm the details of the legal heirs of the deceased, compromise applications were referred to the trial Court for holding requisite inquiry. On completion of the process of the verification of the fact of compromise, trial Court submitted the report dated 27.10.2023, in which it is stated that there is genuine compromise between the parties. The report further shows that deceased Dadli at the time of her death left her legal heirs as 1) Bakhar (father), 2) Mst. Tajal (sister), 3)Mst.Safina (sister), 4) Abdul Hameed (brother), 5) Hussain @ Hameed (brother), 6) Hyder (brother), 7) Jalal (brother), and 8) Sadiq (brother). Out of them Hyder, Jalal and Sadiq are shown to be minors.   

            Learned Counsel for the appellant submits that deceased Dadli at the time of her death was married; however, she died issueless. He further submits that deceased Dadli being a married woman, her brothers and sisters will not be termed as her legal heirs, whereas after excluding her husband Nazeer Ahmed Golo, being a nominated accused in this case of her murder, only her father and mother will be her legal heirs for the purpose of effecting compromise etc and out of her parents, the mother has also expired; hence her father Bakhar Khan is only competent to enter into compromise with the appellant/accused. He further submits that no evidence with regard to the offence u/s 311, PPC was brought on record by the prosecution. 

            Learned DPG submits that in view of the dicta laid down in the case reported as PLD 2007 Lahore 121 and PLD 1995 Karachi-5, the father, in case the mother has died, is competent person to compound the offence with the convict/accused; hence, he has no objection for grant of listed applications.  As far as punishment u/s 311, PPC is concerned, he after going through the evidence submits that there is no concrete material or evidence available on record through which it could be deduced that allegation of siyah-kari/karo-kari (adventurous) was established, except mere words of the police witnesses.  He also admits that not a single inhabitant of the locality or from the family of the deceased was associated in investigation. Even at the time of trial or before this court, none of the so-called legal heirs having appeared in person disclosed such fact, which may warrant conviction u/s 311, PPC. He, therefore, submits that listed applications are competent and has recorded no objection for allowing the compromise.     

            I have heard learned Counsel for the appellant as well as learned DPG for the State.

            The mother of deceased Dadli, namely, Mst. Ranjhan has already died; whereas the only legal heirs namely Bakhar Khan, being father of deceased, has stated that due to intervention of the nekmards of the locality he has forgiven the appellant in the name of Almighty Allah and does not claim any compensation/badl-i-sulh from the appellant and has waived his right of Qisas and Diyat.

            In the view of above, for maintaining better relations between the parties in future, the permission to enter into the compromise is also allowed. Resultantly, the compromise between the parties is accepted and the conviction and sentence awarded to the appellant vide impugned judgment are set aside. Appellant Ghulam Muhammad Golo is acquitted u/s 345(6), Cr.P.C in terms of the compromise. The appellant shall be released forthwith, if he is not required to be detained in any other case.

            The appeal as well as application u/s 426, Cr.P.C are disposed of in the above terms.

JUDGE