1991 P Cr (PLP)

SARDAR MUHAMMAD DOGAR, J.

Muhammad Hanif son of Abdul Rehman was married to Mst. Shahnaz, sister of Mansabdar. Mansabdar was married to the sister of Muhammad Hanif. Apart from that, they are first cousins being sons of the real sisters. Muhammad Hanif on 13-4-1987 came to the house of Mansabdar in the evening. He quarrelled with Mansabdar for having agreed to marry Mst. Allah Wasai, his sister, with Aslam son of Zulfqar as he (Hanif) wanted that Aslam should marry his sister Mst. Taman. He left the house of Mansabdar after issuing threats. He again came to the house of Mansabdar on 14-7-1987 at about sunset time. Mansabdar was silting alongwith Lal and Khan P.Ws. in the Baithak. They went in the courtyard on hearing the cries of Mst. Allah Wasai. They saw Muhammad Hanif aiming the gun at Mst. Allah Wasai who was sitting on a cot. Mst. Allah Wasai was beseeching him for being spared. Hanif was telling her that he will finish her so that she does not marry Aslam in place of her sister, Mst. Taman. He fired a shot at Mst. Allah Wasai which struck her on the left ear and jaw. She fell down and died. Muhammad Hanif ran away leaving the gun at the spot.

2. F.I.R. was lodged by Mansabdar at Police Station Mochiwala, at a distance of 13 miles from the spot, at 12-15 a.m. on 15-4-1987. It was recorded by Abdul Shakoor S.I. (P.W.8). Challan was submitted to Court after completion of necessary investigation.

3. The accused was tried by Sessions Judge, Jhang. The learned trial Judge after recording the statements of eight P.Ws. and the statement of the accused under section 342, Cr.P.C. convicted Muhammad Hanif under section 302, P.P.C. vide judgment, dated 9-10-1988 and sentenced him to death plus to pay a fine of Rs. ten thousand in default whereof to undergo R.I. for two years. The fine, on recovery, was directed to be paid to the heirs of the deceased. The convict filed appeal. Learned trial Judge made reference for confirmation of the death sentence.

4. Mr. Masood Mirza, Advocate, submitted affidavits of Jewan Bakhsh, father of the deceased, Mst. Nooran, mother of the deceased, and Mansabdar, her brother, wherein they had declared that they had compromised with the appellant and had forgiven him in the name of God. When the appeal came up for hearing on 21-4-1991, learned counsel sought time for producing heirs of the deceased. Today, he produced Jewan Bakhsh, father of the deceased, Mst. Nooran, mother of the deceased, and Mansabdar, brother of the deceased, who had lodged the F.I.R. They made statements on oath declaring that they had pardoned the appellant in the name of God. Parents of the deceased stated that the deceased was not married, as such, they were the only legal heirs. They also disclosed that the appellant was son of the sister of the mother of the deceased Apart from that, it is also in evidence that he was married to Mst. Shahnaz, another daughter of Jewan Bakhsh and Mst. Nooran. It is also in evidence that Mansabdar was married to a sister of the appellant. It is apparent that the parties are closely related inter se. In the circumstances, it can be safely assumed that the compromise would have -been entered into genuinely and for noble purposes.

5. According to the provisions of Qisas and Diyat Ordinance, 1990, offence, under section 302, P.P.C. has been made compoundable. Consequent amendment in section 345, Cr.P.C. has also been made. The compromise is accepted. The appeal is allowed and the appellant is acquitted. He shall be released forthwith, if not required in any other case. MA.K./M-2959/L Appeal accepted,