ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Appeal No. D- 131 of 2010. 

Date

Order with signature of Judge

 

1.                  For hearing of MA No. 284/2011 (U/S: 345 (5) Cr.P.C.).

2.                  For hearing of MA No. 285/2011 (U/S: 345 (6) Cr.P.C.).

 

04.03.2011.

                        Mr. Habibullah Ghauri, Advocate for appellants.

                        Mr. Athar Abbas Solangi, Advocate for complainant.

                        Mr. Altaf Hussain Surahyo, State counsel.

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                        The application under section 345 (5) Cr.P.C for permission to compound the offence, and application under section 345 (6) Cr.P.C for acceptance of compromise were moved, and vide order dated 08.02.2011, same were sent to the learned trial court to examine and verify the terms and genuineness of the compromise arrived at between the parties.

 

                        The parties appeared before learned VII-Additional Sessions Judge, Larkana, and he conducted an enquiry in order to verify the genuineness of the terms and conditions of the compromise as well as ascertainment of the legal heirs of deceased. After enquiry it has been reported that the deceased left behind only one surviving legal heir i.e. his brother Allahwarayo.

 

                        The legal heir of the deceased and injured namely Nazuk and Wadhal are also present in court; they have also stated that they have compromised with the appellants and they have pardoned them. Complainants’ counsel also confirms the position that the offence has been compounded.

 

                        In view of the above circumstances, these applications are granted under the provisions of section 345 (5), and 345 (6) Cr.P.C. Consequently, the appellants are acquitted. Appellant Manzoor Ahmed is reportedly in custody, he shall be released forthwith, if not required in any other case; while appellants Zafar Abbas and Sikander are already on bail, their bail bonds stand canceled and surety discharged.

 

 

 

                                                                                                                        Judge

                                                                                    Judge