ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Appeal No.  D- 62 of 2010.

Date of hearing

Order with signature of Judge

18.03.2013.

1. For hearing of M. A. No. 128/2013 (u/s: 345 (2).

2. For hearing of M. A. No. 129/2013 (u/s: 345 (6).

Mr. Muhammad Iqbal Mahar, Advocate for appellant.

Mr. Ameer Ahmed Narejo, State Counsel.

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            Pursuant to earlier orders dated 17.01.2013, and 12.3.2013, respectively, passed on listed applications filed by both the parties, the learned Additional Sessions Judge, Kandhkot was required to conduct the enquiry and submit comprehensive report after making publication as well as the report of Mukhtiarkar to ascertain the legal heirs of the deceased.

            Heard the learned counsel for parties and perused the enquiry report submitted in the instant appeal.

            In his report the learned Additional Sessions Judge submitted that he recorded statements of Muhammad Panah, Mst. Husna, Barkat and Parvez, the father, mother and brothers of deceased Rahib Ali, who stated that the deceased was an unmarried person, they have forgiven the convicted accused Abdul Fatah on their own freewill without receiving any compensation from him without any pressure and duress from any corner and they have also waived of their right as provided under Qisas & Diyat Ordinance. Despite of publication of notice in newspaper “Kawish” in its issue dated 27.01.2013, none has turned up to oppose compromise application. The learned Additional Sessions Judge alongwith his report annexed necessary documents including statements of legal heirs.

            Being a compoundable offence and in view of aforementioned enquiry report submitted by learned Additional Sessions Judge and keeping in mind the sanctity of compromise as ordained by “Quran and Sunnah”, necessary permission to compound the offence is accorded. Consequently, the listed applications are allowed. The appellant is acquitted from the charge of this case under Section 345 (6) Cr.P.C. He is in custody; the concerned Superintendent Jail is directed to release him forthwith, if not required in any other case.

            The captioned appeal is decided in the terms and manner indicated above.

Judge

Judge