2007 PLP 3060 (YLR)

M.A. SHAHID SIDDIQUI, J.

Yunis, Mumtaz alias Mahi and Khalid, appellants had been convicted by learned Additional Sessions Judge at Sahiwal for the offences under sections 459/460/302 read with section 34 P.P.C. vide judgment dated 23-2-2006 in Complaint/ Session case No.12/ASJ/SWL/2005. Yunis, appellant was sentenced to death under section 302(b) P.P.C. for committing murder of Mansib Ali. He was directed to pay Rs.50000 as compensation to the legal heirs of the deceased and in case of default to undergo further imprisonment for six months' S.I. He was also convicted under section 460 P.P.C. and sentenced to 10 years' R,I. Mumataz alias Mahi, appellant was sentenced to 5 years' R.I. under section 459 and 10 years under section 460, P, P. C. whereas Khalid, appellant was sentenced to 10 years' R.I. under section 460, P.P.C. All the sentences awarded to .the appellants were ordered to be run concurrently .with benefit of section 382-B, Cr.P.C.

2. Younis and Mumtaz alias Mahi, appellants challenged their conviction and-sentences through Criminal Appeal No.80 of 2006 while Khalid, appellant also preferred Criminal Appeal No.102 of 2006. Mst. Zohran Bibi, complainant challenged the acquittal of Habib son of Fazil, Mumtaz alias Mahi and Khalid of the charges under sections 459/460/302 read with section 34 P.P.C. through P.S.L.A. No.16 of 2006 and P. S.L.A. No.25 of 2006. There is also a reference (Murder Reference No.152 of 2006) before us made by learned trial Court seeking confirmation of death sentence of Yunis, appellant. We propose to dispose of all these matters through this consolidated judgment.

3. During the pendency of these matters Mumtaz alias Mahi and Younis, appellants made an application (Crl. Misc. No.31-M of 2007) seeking permission to compound the offences. We referred the matter of compromise to Darned Sessions Judge, Sahiwal who after recording the statements of the legal heirs/Walis of Mansib Ali, deceased and the concerned Tehsildar furnished his report dated 17-2-2007. According to which Mansib Ali, deceased had left behind the following legal heirs:--

1. Abdul Rashid (father)

2. Mst. Zohran Bibi (mother)

3. Muhammad Asif (brother)

4. The learned Sessions Judge on the basis of their statements came to the conclusion that the legal heirs of Munsab Ali, deceased had forgiven the appellant in the name of Almighty Allah and that they had no objection to the acquittal of Younis, Mumtaz alias Mahi and Khalid, appellants.

5. After going through the report of the learned Sessions Judge, Sahiwal dated 17-2-2007 in Crl. Misc. No.31-M/2007 and the statements of the legal heirs of the deceased, we have felt satisfied that the parties to this case have entered into a compromise without any coercion or duress. Younis, appellant alone had been convicted under section 302(b) P.P.C. which is compoundable. We have found no reason for withholding the permission to compound the offence. Accordingly the offence under section 302(b) P.P.C. stands compounded. Younis, appellant stands acquitted of the charge. He shall be set at liberty forthwith if not required in any other case. Murder Reference No.152 of 2006 is answered in the negative.

6. The offences under sections 459/460 P.P.C. are not compoundable. Both the learned counsel appearing on behalf of the convicts/appellants did not challenge their conviction on these counts. However they in view of the compromise arrived at between the parties has prayed for reduction in the sentences of Younis, Mumtaz alias Mahi and Khalid, appellants. They have relied upon the case of Yousif Ali and others v. The State (2002 SCMR 1885).

7. We have considered the submissions made by the learned counsel for the appellants. Younis, appellant has already succeeded in avoiding death penalty on the basis of compromise. The object of the compromise would be frustrated if the sentences of the appellants are allowed to remain in force. We therefore reduce the sentences of the appellants for the offences under sections 459/460 P.P.C. to the term already undergone by them. Accordingly .Criminal Appeal No.80 of 2006 and Criminal Appeal No.102 of 2006 stand disposed of. Mr. Naseer Ahmad Thaheem, Advocate appearing on behalf of Mst. Zohra Bibi, complainant/appellant has not pressed P.S.L. As. Nos.16 and 25 of 2006. Accordingly these petitions are dismissed as having not been pressed. S.A:K./Y-4/L Order accordingly: