1998 PLP 1695 (MLD)

KHALIL-UR-REHMAN RAMDAY, J.

One Muhammad Aslam had been tried by a learned Additional Sessions Judge of Okara on the charge of having allegedly murdered one Ihsan. Through a judgment dated 13-1-1990, the said Aslam had been found guilty of the charge and after being convicted under section 302, P.P.C. was sentenced to death with a fine of Rs.10,000 or four years R.I. in default of payment of fine. He had also been directed to pay Rs.10,000 as compensation to the heirs of the deceased or to undergo six months R.I. in default of payment of the said compensation.

2. Murder Reference No.27 of 1990 seeks confirmation of the said sentence of death while, through an appeal bearing Criminal Appeals 65 of 1990, the said convict impugns the above-mentioned conviction and the sentences recorded against him by the learned trial Court.

3. Both these matters are being disposed of together through this single judgment.

4. During the pendency of these matters before this Court, it had been submitted through Criminal Miscellaneous No.2 of 1992 that the parties had reached a compromise; that the legal heirs of the deceased had received compensation according to Islamic shares and had also granted UFW to Aslam appellant and that in the circumstances, the said appellant be acquitted.

5. The heirs of the deceased i.e. Mst. Tajjan Bibi (mother), Mst. Faizan Bibi (widow) and Mst. Rabia Bibi (daughter) appeared before us. Their statements were consequently recorded.

6. It was submitted before us that the father of Ihsan deceased had died before his murder; that he had married Mst. Bakhshai, out of which wed-lock, only a daughter, namely, Mst. Rabia has been born; that after the death of Mst. Bakhshai, Ihsan deceased had married Mst. Faizan Bibi who gave birth to a son Shehbaz (aged 11 years), a daughter Mst. Naseem, (aged 9 years), another son Ramzan (aged 6 years) another daughter Mst. Rani (aged 4-1/2 years) and a third son Imran (aged about 3 years); that the mother of the deceased and Mst. Faizan, the surviving widow of the deceased had granted UFW to Aslam appellant in the name of Allah; that Mst. Rabia was entitled to Rs.14,000 as her share in Diyyat but she had forgiven the appellant to the extent -of Rs.4,000 out of the said share amount and that she had been paid the remaining amount of Rs.10,000 out of her said share of Diyaat and that a sum of Rs.1,02,000 (rupees one lac, two thousand only) had been paid on behalf of the appellant being the total amount of the shares of the above-noticed minor sons and daughters of Ihsan deceased. In the circumstances, all the said heirs on their behalf and on behalf of the minor children of the deceased prayed that Aslam appellant be acquitted.

7. We are satisfied with the voluntary nature of the composition of the offence in question in the manner above-notice. Nothing exists on record which could warrant punishment of the appellant by way of Tazeer. Consequently, in view of the compromise reached between the parties, Criminal Appeal No.65 of 1990 is allowed and Aslam appellant is, acquitted of the charge under section 302, P.P.C. in view of the provisions of section 345, Cr.P.C. after annulling the conviction and the sentences recorded against him by the learned Trial Court.

8. He shall be set at liberty forthwith if not required to be detained in any other case.

9. Since the appellant has been acquitted, there is no question of the confirmation of the sentence of death awarded to him and Murder Reference No.27 of 1990 is answered accordingly. N.H.Q/M-735/L Accused acquitted.