ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Jail Appeal     No.05  of  2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

                                    1. For Hearing of M.A.No.134/2011.

                                    2. For Hearing of M.A No.135/2011.

08.03.2011

                        Mr. Aftab Ahmed Gorar advocate for appellant.

                        Mr. Ameer Ahmed Narejo, State Counsel.

Abdul Ghafoor, the complainant/injured, Ganhwar witness/injured and Muhammad Liaque brother of deceased are present.

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In the instant criminal jail appeal, the appellant namely Raza Muhammad Buriro moved applications under section 345(2) for permission to compound the offence & 345(6), Cr.P.C on the ground of having reached a compromise with the complainant party and with the legal heirs of the deceased namely Abdul Sattar, who have forgiven the appellant. On 14.1.2011, the matter was referred to the learned trial Court  i.e Sessions Judge, Jacobabad with direction to conduct an enquiry as to the genuineness of compromise between the parties and to submit report within 30 days.

                         The learned District & Sessions Judge, Jacobabad vide his letter dated 19.2.2011 has submitted detailed enquiry report along with its annexures, wherein it has been held that the compromise reached between the parties is genuine. It is further reported that the deceased namely Abdul Sattar had left behind only one legal heir, who is brother of the deceased, whereas  Abdul Ghaffar (complainant) and  Ganhwar (witness), who were injured in the instant case, have also forgiven the appellant in the name of Allah. Hence they have compounded the offence with the accused Raza Muhammad Buriro and also waived their right of Qisas and Diyat. The legal heir, complainant and witness named hereinabove have also sworn their affidavits before the learned trial Court as well as before this Court to this effect. Learned counsel states that the appellant may be directed to be released in view of the compromise reached between the parties. Learned State Counsel extends his no objection.

                        The only surviving legal heir of the deceased namely Muhammad Laique (brother of deceased), Abdul Ghagfoor (the complainant/injured) and Ganhwar (witness/injured) are also present in Court, they have also stated that they have compromised with the appellant and they have pardoned him, and have also waived their right to claim any Qisas or Diyat.

            In view of compromise reached between the appellant and the legal heir  as well as the injured persons, and the favourable report submitted by the learned trial Court, verifying the genuineness of the compromise, both the applications under section 345(2) and 345(6), Cr.P.C are hereby granted. Consequently, appellant is acquitted from the charge.

                        Accordingly, the appellant namely Raza Muhammad, who is reportedly in custody,  shall be released forthwith if not required in any other case.

Judge