2003 PLP 561 (SCMR)

Nemo for Respondents. Date of hearing: 22nd May, 2002. IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑This petition has been filed for leave to appeal against the judgment dated 16th January, 2002 passed by Lahore High Court, Lahore whereby death sentence awarded by Additional Sessions Judge, Faisalabad vide judgment dated 30th June, 1996 has been confirmed.

2. During the pendency of instant. petition, parties have compromised the matter outside the Court as such by filing a C.M.A. request was made for permission to compound the offence. In this behalf, a report from the learned Sessions Judge was called for to verify the genuineness or otherwise of the compromise. Learned Sessions Judge vide report dated 8th May, 2002 has opined as under:‑‑ "From the inquiry conducted in the case, it stood proved to the satisfaction of the Court that deceased Sohna was succeeded by his father Shamman and two daughters Mst. Kausar Bibi (28) and Mst. Shahnaz Bibi (25) and none else; his wife Mst. Sakina Bibi and his mother Mst. Rajan Bibi having had long predeceased him; that Shamman and Mst. Kausar Bibi only compromised with the appellants/convicts and not at all Mst. Shahnaz Bibi; that Shamman and Mst. Kausar Bibi, as a consequence of the compromise, on the intervention of respectable of the area, waived their right of Qisas against the appellants legally voluntarily and independently without getting any compensation by way of Diyat and pardoned them in the name of Almighty Allah; and that Mst. Shahnaz Bibi is opposed to the compromise."

3. Perusal of report indicates that Shamman father and Mst. Kausar Bibi daughter have entered into compromise and second daughter Mst. Shehnaz has opposed the compromise. Therefore, under such circumstances, the compromise is accepted only to the extent of father and one daughter. Because Mst. Shehnaz did not accept the compromise, therefore, the petitioners shall be dealt with under section 309 read with section 311, P.P.C.

4. Thus, on having gone through the facts and circumstances of the case, we in exercise of power under section 311, P.P.C. we convict/sentence to both the petitioners i.e. Amir and Yasin sons of Allah Yar to undergo 12 years' R.I. with direction to pay Diyat of Rs.1,12,156.00 (Rs.one lac twelve thousand one hundred fifty‑six only) to the one of the legal heirs of the deceased i.e. Mst. Shehnaz. The convicts/petitioners shall deposit the amount of Diyat in the Court of Sessions Judge, Faisalabad failing which they will be dealt with accordingly. The petitioners/convicts however, shall be entitled for the benefit of section 382‑B, Cr.P.C. The amount of Diyat shall be paid by learned Sessions Judge to Mst. Shahnaz daughter of Sohna in accordance with law. Thus for the foregoing reasons, instant petition, is converted into appeal and disposed of in above terms. Order accordingly.