ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr.Jail.A.No.59 of 2009
Present:-
Mr.Ghulam Sarwar Korai &
Mr.Munib Akhtar, JJ
Date of hearing: 21.12.2009
Appellants: Abdul
Kareem & others through
Mr.Bakhshan
Khan Mahar Advocate
Respondent: The
state through
Mr.Zulfiquar
Ali Jatoi D.P.G.
ORDER
Mr.Justice Ghulam Sarwar Korai, J:- On 10.08.1997 the FIR No.82/1997 was
registered at P.S.Baberloi against six persons namely Abdul Kareem, Noor
Muhammad, Haji Hakim, Muhammad Yousif, Khamiso and Muhammad about the murder of
Ghous Bux, Muhammad Hashim and Manzoor and in that incident Ali Gul became
injured.
The case
was tried by the court of learned Special Judge (STA) Khairpur and all
nominated accused were convicted for offence punishable u/s 302, 324, 147, 148,
149 PPC to suffer R.I. for life imprisonment and to pay fine of Rs.50,000/-
each and in default of payment of fine, they were directed to suffer further
S.I. for one year. All above named accused were also convicted and sentenced
for offence punishable u/s 324 PPC to suffer R.I. for 5 years, u/s 147 PPC for
two years, u/s 148 PPC for two years, u/s 149 PPC for two years, and u/s 394
PPC for seven years. They were extended benefit of Section 382-B Cr.P.C. and
all sentences were ordered to run concurrently.
Earlier
compromise application were filed on behalf of accused Abdul Kareem and Noor
Muhammad by the legal heirs of the deceased Manzoor, Ghous Bux and Muhammad
Hashim and injured Ali Gul, same was allowed by this court vide order dated
13.08.2009 believing the report called from the Court of learned Sessions
Judge/Special Judge STA Khairpur in respect of the legal heirs of the deceased
and compromise in their between with the co-accused so also with injured Ali
Gul. Later on this compromise application was filed on behalf of remaining four
accused namely Haji Hakim, Muhammad Yousif, Khamiso and Muhammad, all the legal
heirs of the deceased Muhammad Hashim, Ghous Bux and Manzoor sworn their
affidavits admitting the compromise, so also injured Ali Gul with the
appellants.
Considering
the circumstances, we allow the application for permission to compromise and
compromise application of the appellants with the legal heirs of the deceased
namely Manzoor, Ghous Bux and Muhammad Hashim as well as with injured Ali Gul,
acquit them and these are the reasons of our short order dated 21.12.2009,
which is reproduced as under:-
“
Complainant present in person.
All the legal heirs of the deceased present
Mr.Zulfiquar
Ali Jatoi DPG.
The legal heirs of the deceased present in court states that
they have compromised the matter and such affidavits in respect of compromise
have been filed and they have extended their no objection if the appellants are
acquitted from the case on the basis of compromise.
Since
co-accused/co-appellants have already been acquitted by this court on the basis
of compromise and the case of present appellants is also identical nature,
therefore, for reasons to be recorded later on we allow this compromise
application and acquit the appellants from this case. They shall be released
forthwith if not required in any other case. “
JUDGE
JUDGE