1998 PLP 1704 (MLD)

KHALIL-UR-REHMAN RAMDAY, J.

Muhammad Zaman, Feroze Khan, Muhammad Akram, Lal Khan, Muhammad Riaz, Muhammad Ajmal, Muhammad Iqbal, Shehbaz, Ghulam Abbas, Muhammad Zaman son of Lal Khan, Noor Zaman and Muhammad Aslam were accused of the murder of one Muhammad Aslam deceased.

2. Noor Zaman and Aslam accused absconded and after taking proceedings against them under section 512, Cr.P.C., the remaining accused persons above mentioned were tried by a learned Additional Sessions Judge at Gujrat and through his judgment dated 21-3-1984, he acquitted Muhammad Ajmal, Muhammad Iqbal, Shahbaz, Ghulam Abbas and Muhammad Zaman son of Lal Khan while Muhammad Zaman alias Yaqoob, Feroze, Akram, Lal Khan and Riaz were found guilty under section 148, P.P.C. and each one of them was sentenced to three years R.I. therefore; each one of them was also found guilty under section 307/149, P.P.C. and was punished with three years R.I. and a fine of Rs.5,000 or one year R.I., in default thereof and having been convicted under section 302/149, P.P.C., each one of them was sentenced to death with a fine of Rs.5,000 or one year R.I. in default.

3. Murder Reference No.69 of 1984 sought confirmation of the sentences of death awarded to the above-named five convicts who, in turn, filed Criminal Appeal No. 143 of 1984 to challenge the above noticed convictions and sentences. Criminal Appeal No.464 of 1984 was filed by the State against the acquittal of Ajmal accused while Muhammad Iqbal complainant filed Criminal Revision No.699 of 1984 to impugn the acquittal of Iqbal, Shehbaz, Ghulam Abbas and Muhammad Zaman son of Lal Khan.

4. Noor Zaman and Aslam absconders were apprehended and were tried on the abovementioned charges by another learned Additional Sessions Judge who acquitted them both through his judgment dated 20-12-1987. The State filed Criminal A. No.546 of 1988 to impugn the said acquittal.

5. The learned counsel for Iqbal complainant withdrew Criminal Revision No.699 of 1984 on 13-5-1992 and the same was consequently dismissed as withdrawn.

6. This judgment shall dispose of Murder Reference No.69 of 1984, Criminal Appeal No. 143 of 1984 filed by the five abovementioned convicts; Criminal Appeal No.464 of 1984 filed by the State against the acquittal of Ajmal and Criminal Appeal No.546 of 1.988 filed by the State against the acquittal of Noor Zaman and Aslam.

7. During the pendency of these matters before this Court, it was submitted that the parties had reached a compromise. The heirs of Aslam deceased, namely, his widow Mst. Iqbal Begum, his sons Fazal and Aqeel, his daughters Mst. Shumaila and Mst. Shaista and his brother Muhammad Asghar who was himself an injured victim of the occurrence in question appeared before us and testified that the heirs of the deceased had granted UFW to all the convicts, except Akram convict who is since died and also, to Ajmal, Noor Zaman and Aslam against whose acquittal, appeals had been filed by the State. Sumbhal, another son of the deceased did not appear before us. It was stated that he was abroad and it was not possible for him to return to the country to make a statement regarding the said compromise. It had, however, been deposed before us by the heirs of the deceased that before leaving the country, the compromise in question had been finalized and the said sumbhal was also a party to the said compromise and had granted UFW to the abovementioned persons.

8. Out of the seven injured victims of the occurrence in question, Asghar, Iqbal, Walayat, Akram, Zafar Iqbal and Zaman appeared before us and stated on Oath that they had granted UFW to all the abovementioned persons. The seventh injured victim, namely, Afzal Mehmood had also left the country but had executed a power of attorney in favour of his father Rehmat Khan who appeared before us and made a statement that Afzal Mehmood had also granted UFW to the said persons. All these statements had been recorded by us on Oath.

10. We are satisfied with the voluntary nature of the compromise reached between the parties and nothing exists on record which could warrant punishment of the above-mentioned persons by way of ' Tazeer'.

11. Criminal Appeal No. 143 of 1984 is, therefore, decided as having abated to the extent of Akram appellant who is since dead and through acquittal of the remaining four appellants, namely, Muhammad Zaman alias Yaqoob, Feroz Khan, Lal Khan and Muhammad Riaz of the charges under sections 307/149, 302/149, P.P.C. in view of the above noticed compromise. Since the offence under section 148, P.P.C. is not compoundable, therefore, the conviction of the said four appellants under the said charge and the sentences of three years R.I. awarded to each one of them therefor are, maintained. Each one of them has remained in custody pending trial and during the pendency of these matters before us and after extending to them the benefit of the provisions of section 382-B of the Cr.P.C., it is directed that Muhammad Zaman alias Yaqoob, Lal Khan and Muhammad Riaz shall be set at liberty forthwith if not required to be detained in any other case. We have been informed that Feroze Khan appellant is not available in the country having escaped from custody. He is set at liberty in respect of the abovementioned charges and needless to mention that the law shall take its own course in respect of this escaping from custody.

12. In view of the above noticed compromise, the learned. Asst. Adv. General appearing for the State in Criminal Appeals No.464 of 1984 and No.546 of 988 has decided not to press the said appeals. The same are, therefore disposed of as not pressed.

13. Since Muhammad Akram convict has died and since the other four convicts have been acquitted by us of the murder charge in view of the compromise, therefore, there is no question of the confirmation of the sentences of death awarded to them. Murder Reference No.69 of 1984 is answered accordingly. N.H.Q./M-756/L Order accordingly