IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Appeal No. S-83 of 2021
Cr. Appeal No. S-88 of 2021
Cr. Jail Appeal No. S-01 of 2022
1. For hearing of M.A No. 7245/2024. (Appln. U/0 345(2) Cr.P.C).
2. For hearing of M.A No. 7246/2024. (Appln. U/0 345(6) Cr.P.C).
3. For hearing of M.A No. 7247/2024. (Appln. U/0 345(4) Cr.P.C).
4. For hearing of main case.
5. For hearing of M.A No. 7906/2021. (Appln. U/s 426 Cr.P.C)
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Appellants (in Cr. Appeal No. S-83/2021) |
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1. Muhammad Nawaz s/o Dildar Khan Jagirani 2. Qurban Ali s/o Muhammad Hashim Jagirani, through M/s Ahsan Ahmed Qureshi and Sharjeel Sattar Bhatti, advocates
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Appellants (in Cr. Appeal No. S-88/2021) |
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1. Jaro s/o Muhammad Jaam Jagirani 2. Waryam @ Ghulam Rasool s/o Saddique Jagirani, through Mr. Ahmed Bux Abro, advocate
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Appellant (in Cr. Jail Appeal No. S-01/2022) |
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Rafique s/o Juman Jagirani, through Mr. Abdul Khalique Kalhoro, advocate
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Complainant, |
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Imtiaz Ali Jagirani, through Mr. Rafique Ahmed K. Abro, advocate |
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The State |
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Through Mr. Aitbar Ali Bullo, D.P.G for the State
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Date of hearing |
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28-04-2025 |
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Date of judgment |
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28-04-2025 |
J U D G M E N T
Amjad Ali Sahito, J.- Through the miscellaneous application being M.A No. 7245/2024, the parties have prayed to accord permission to compound the offence under Section 345(2) Cr.P.C and through application being M.A No. 7246/2024, prayed for acquittal of the appellants under Section 345(6) Cr.P.C.
2. Through impugned judgment dated 01.12.2021, passed by the learned trial Court / Additional Sessions Judge-III/MCTC, Larkana in Crime No. 14/2017 for the offences under Sections 302, 337-H(2), 148, 149 P.P.C, registered at Police Station Taluka, Larkana, the appellants were convicted and sentenced U/S 265-H(2) Cr.P.C as under:-
Accused Mohammad Nawaz son of Dildar Khan, Qurban Ali son of Mohammad Hashim, Jaro son of Mohammad Jaam, Waryam alias Ghulam Rasool son of Sadique and Rafique son of Juman, all by caste Jagirani are convicted under Section 265–H(2) Cr.P.C and sentenced for an offence punishable under Section 302(b) PPC Qatl-e-Amd. It is now settled law that normal sentence of Qatl-e-Amd as Taa’zir is death, but the court, however, has discretion to award lesser sentence of life imprisonment in case, where there are mitigating circumstances. In present case, the accused persons are not previous convicts and are first offenders, therefore, keeping in view the facts and circumstances of the case, the trial court sentenced the accused Mohammad Nawaz son of Dildar Khan, Qurban Ali son of Mohammad Hashim, Jaro son of Mohammad Jaam, Waryam alias Ghulam Rasool son of Sadique and Rafique son of Juman, all by caste Jagirani to suffer imprisonment for life as Taa’zir under Section 544-A Cr.P.C read with the judgment of Honourable Supreme Court reported as 1996 SCMR, 1776. The accused are directed to pay compensation of Rs:2,00,000/- (Rupees two hundred thousand) each accused as compensation to the Walis of the deceased. In default of payment, they shall suffer R.I for six months more. The benefit of section 382-B. CR.PC was awarded to the accused persons and detention period of accused persons be deducted from the sentence awarded to them.
3. During pendency of the criminal appeals, the parties filed compromise applications, which are supported with the affidavits of legal heirs of the deceased. All the legal heirs have raised their no objection for acquittal of the appellants by stating that they have entered into compromise with them due to intervention of nekmards outside the Court and pardoned them the right of Qisas.
4. In order to ascertain the genuineness of the compromise between the parties, the compromise applications were sent to the trial Court for thorough inquiry into the matter. The learned trial Court vide its letter dated 27.03.2025, has submitted its report, wherein it is reported that deceased Tharo Khan Jagirani left his legal heirs, namely, complainant Imtiaz Ali (son), Fayaz Hussain (son), Niaz Ali (son), Sajjad Hussain (son), Shafqat Hussain (son), Mst. Rukhsana Begum (widow), Saima Khatoon (daughter), Sania (daughter), Yasmeen (daughter), Shama Khatoon (daughter), Fahmeeda (daughter), Parveen (daughter), Raheela (daughter) and Seema (daughter) as major legal heirs and Muhammad Hussain (son), Muhammad Hassan (son), Ms. Saba and Ms. Kainat as minor legal heirs.
5. In their statements, all the major legal heirs have categorically stated that they have pardoned the appellants/accused in the name of Almighty Allah and waived the right of Qisas and forgiven the right of Diyat amount through the Court. All the legal heirs have accepted the compromise and stated it to be out of their own free will, consent and without any coercion and recorded their no objection if the appellants are acquitted from the charge. The learned trial Judge has also called reports from Mukhtiarkar Larkana, NADRA, Chairman Union Council regarding legal heirs of deceased Tharo Khan Jagirani, who has also mentioned above mentioned legal heirs of the deceased. Record reflects that publication for inviting objections from the interested persons with regard to compromise between the parties was made in newspaper but nobody came forward to raise any objection before the trial court.
6. On 28.04.2025, the legal heirs of deceased Tharo Khan Jagirani, namely complainant Imtiaz Ali (son) and Mst. Rukhsana (widow) appeared in Court and have confirmed the contention of compromise applications and stated that they have entered into compromise with the appellants with their own freewill and consent and without any inducement. They have further stated that they excused the appellants waived the right of Qisas and did not claim anything in Diyat amount. They have admitted their LTIs / RTIs, as the case may be, on the application for permission to compound the offence and compromise applications in Court. All the legal heirs have raised no objection for acquittal of the appellants.
7. Learned D.P.G. has also recorded his no objection for allowing the appeal by way of compromise.
8. It has come on record that there are four minor legal heirs of deceased, namely, Muhammad Hussain (son), Muhammad Hassan (son), Ms. Saba and Ms. Kainat. An application baring M.A No. 7247/2024 (U/S 345(4) Cr.P.C) has also been filed for appointment of Mst. Rukhsana (widow of deceased) as wali for all above minors being their real mother to compound the offence on behalf of above said minors. Accordingly, same application is allowed and Mst. Rukhsana (widow of deceased) is appointed as Wali for all minors.
9. In the report of Accountant dated 10.04.2025, Diyat amount was fixed as grand total Rs.8,103,955/- from which Rs.1,772,740.16 was fixed for minor legal heirs of the deceased. The appellants have given ten buffaloes as Diyat amount in the name of minor legal heirs of deceased, which has been confirmed by the complainant Imtiaz Ali and Mst. Rukhsana, the mother of minors being widow of deceased in their affidavits.
10. Since the offence is compoundable. There is no objection for grant of compromise and acquittal of the aforementioned appellants as the legal heirs of deceased have pardoned the right of Qisas to the appellants in the name of Almighty Allah and waived the share in Diyat amount.
11. In view of above, in order to keep cordial relations and harmony between the parties in future and strike off the enmity between them, the permission to compound the offence is allowed under section 345 [2] Cr.P.C. Impugned judgment dated 01.12.2021, passed by the learned Additional Sessions Judge-III/MCTC, Larkana is set-aside. The appellants Muhammad Nawaz s/o Dildar Khan Jagirani, Qurban Ali s/o Muhammad Hashim Jagirani, Jaro s/o Muhammad Jaam Jagirani, Waryam @ Ghulam Rasool s/o Saddique Jagirani and Rafique s/o Juman Jagirani are acquitted of the charge under Section 345(6) Cr.P.C. They shall be released forthwith if not required in any other case.
12. In view of above, Criminal Appeals No. S-83/2021, S-88/2021 and Cr. Jail Appeal No. S-01/2022, preferred against the same impugned judgment, are disposed of along with listed applications.
J U D G E
Abdul Salam/P.A