1992 P Cr (PLP)

Dates of hearing: 25th and 29thJanuary, 1992. Ashraf, Muhammad Inayat, Muhammad Safdar, Muhammad Akbar (real brothers), Wajid Ali, Muhammad Amjad and Imtiaz were tried by Additional Sessions Judge, Gujrat, alongwith four others for having murdered Abid Hussain Shah and Syed Phul Pir Shah and for having launched murderous assault on P.Ws. Mukhtar Ahmad and Muhammad Hanif Shah on 16‑2‑1987 at 9‑00 a.m. in the area of village Kotli Kalan, at a distance of one, mile from Police Station Malakwal.

2. Learned trial Judge vide judgment, dated 25‑1‑1989 convicted the abovenamed seven persons under section 148, P.P.C. and sentenced each of them to undergo R.I. for three years. Excepting Imtiaz, the other six (named above) were held guilty on two counts under section 302/149, P.P.C. convicted accordingly and sentenced to undergo imprisonment for life each plus to pay a fine of Rs.10,000 each in default whereof to undergo R.I. for one year each. Imtiaz was convicted under section 307, P.P.C. and sentenced to undergo R.I. for three years plus to pay a fine of Rs.10,000 in default whereof to further undergo R.I. for one year. All of them were given the benefit of the provisions of section 382‑B, Cr.P.C. The remaining accused were acquitted.

3. All the convicts including Imtiaz preferred appeal and prayed for their acquittal.

4. During the pendency of the appeal Criminal Miscellaneous No.3 of 1991 was moved on behalf of the appellants for acquittal on the ground of having entered into a compromise with the heirs of the deceased and for' having been pardoned as a result thereof.

5. Statements of Mst. Sajaddan Bibi, widow of Syed Phul Pir Shah, Zulfiqar Ali Shah his son, Mst. Fakhra and Mst. Nasim Bibi his daughters were recorded on the identification of Mr. Khurshid Ahmad Bhalli, Advocate. All of them stated on oath that they had compromised with the appellants and forgiven them in the name of Allah. As Dildar Ali Shah and Mst. Asia Bibi son and daughter of Phul Pir Shah were minors, Mst. Sajaddan Bibi, their mother, pardoned the appellants on their behalf as well A being natural guardian and made statement to that effect on oath. Notwithstanding the fact that both of them were minors, their statements were also recorded as they had reached the ages of discreetness being 14 and 13 respectively, wherein they also verified on oath that they had forgiven the appellants in the name of Allah. All of them prayed for the acquittal of six appellants for the murder of Phul Pir Shah. All the heirs claimed that they were the only heirs, that Phul Pir Shah had left behind.

6. Statements of Latif Shah, father of Abid Hussain Shah deceased, Abdul Rashid Shah, Ijaz Hussain Shah, Imtiaz Hussain Shah and Hamid Ali Shah, his (deceased's) brothers and Mst. Aisha, sister of Abid Hussain Shah (deceased) were also recorded on oath on the identification of Mr. Khurshid. Ahmad Bhalli, Advocate. All of them stated on oath that they had forgiven six appellants convicted for the murder of Abid Hussain Shah in the name of Allah and prayed for their acquittal. Each one of them verified that except them the deceased had left no other heir behind. It was stated that the deceased was unmarried and his mother had died during his lifetime.

7. It does not appear from the statements made by any of the heirs of any of the two deceased that the compromise was not genuine or that the same has been entered into under coercion, deceit or misconception. The compromise between the heirs of the deceased and the six appellants convicted for the murder on two counts, therefore, seems to be genuine and lawful. No case is made out for awarding any sentence as laid down in section 311, P.P.C: The appeal filed by the six appellants against their conviction under section 302/149, P.P.C. on two counts is allowed and their sentences and convictions are set aside. As the sentences awarded to them under section 302/149, P.P.C. and under section 148, P.P.C. were to run concurrently, I believe that each one of them has already undergone the sentence awarded to him under section 148, P.P.C. They shall, therefore, be released forthwith, if not required in any other case.

8. As nobody came forth with a plea that the injured P.Ws. had entered into a compromise with Imtiaz, his conviction under section 307, P.P.C. as well as under section 148, P.P.C. is maintained. Before coming to this conclusion, his case was considered on merits by screening the whole evidence, even though learned counsel appearing for him had shown no interest in that, as, according to his instructions, he had already undergone the sentence awarded to him and released from jail. There being no merit in the appeal filed by him, the same is dismissed. S.A./A‑77/L Order accordingly.