1997 PLP 2710 (MLD)

KHALIL‑UR‑REHMAN RAMDAY, J.‑‑‑Muhammad Saleem and Iqbal Shah had been tried by a learned Additional Sessions Judge of Lahore for the murder of one Abdul Sattar. Through his judgment dated 30‑5‑1991, the said learned Court had acquitted the said Iqbal Shah but had found the said Muhammad Saleem guilty of the charge and after convicting him under section 302, P.P.C., had sentenced him to death with a fine of Rs.10,000 or one year RI in default of payment of the said fine.

2. Murder Reference No.232 of 1991 seeks confirmation of the said sentence of death while Saleem convict challenges the above‑noticed conviction and sentences recorded against him, through Criminal Appeal No.624 of 1991. Both these matters are being disposed of together through this single judgment.

3. During the pendency of these matters before this Court, Criminal Miscellaneous No. l of 1992 had been filed praying for the acquittal of Saleem appellant on the ground that the heirs of the deceased had compounded the offence in question with Saleem appellant.

4. In pursuance of the composition of the said offence, Mst. Sharifan Bibi (mother), Mst. Shamim Akhtar, Mst. Sajida Perveen and Mst. Naseem Bibi (sisters) and Abdul Ghaffar and Abdul Jabbar (brothers) of Abdul Sattar deceased appeared before us. Their statements have been separately recorded on oath.

5. From the statements made by these heirs of Abdul Sattar, deceased, it transpires that the said deceased was not married at the time of his murder and that his abovementioned mother, the three sisters and the two brothers were his only heirs as his father had also died.

6. The said heirs deposed before us on oath that they had granted Afw to Muhammad Saleem appellant and consequently prayed that he be acquitted.

7. We are satisfied with the voluntary nature of the Afw granted by the above‑described Walis of Abdul Sattar deceased. Nothing exists on record which could persuade us not to act upon the said Afw granted to the appellant or to punish the appellant by way of Tazir under section 311, P.P.C.

8. Consequently, the composition of the offence in question, as above‑noticed, is allowed. The abovementioned conviction and sentences recorded against Muhammad Saleem appellant are set aside and he is acquitted of the charge as envisaged by section 345, Cr.P.C. He shall be set at liberty forthwith if not required to be detained in any other case.,

9. Murder Reference No.232 of 1991 and Criminal Appeal No.624 of 1991 are disposed of in the above terms.

10. In view of the compromise reached between the parties, we have decided these matters after dispensing with the printing of record. N.H.Q./M‑962/L Appeal allowed.