2009 PLP 312 (MLD)

Criminal Miscellaneous No.460-M of 2008 and Main Case MUHAMMAD AKRAM QURESHI, J.

The petitioners- convicts along with other 5 co-accused were tried by the learned Addl. Sessions Judge, Sargodha in Sessions Complaint No.20 of 2006 under sections 302/324/148/149/109, P.P.C. at Police Station Sillanwali District Sargodha who vide judgment, dated 27-2-2007 convicted them under section 302(b), P.P.C. and sentenced to imprisonment for life. They were directed to pay compensation of Rs.1,00,000 each to the legal heirs of deceased or in-default thereof to further undergo 6 months' S.I. each. The appellants were also convicted under section 324, P.P.C. and sentenced to 10 years' R.I. each and to pay a fine of Rs.50,000 or in-default to further undergo 6 months' S.I. each. The appellants were also convicted under section 337-C, P.P.C. and sentenced to 5 years' R.I. as Tazir. They were also directed to Arsh amount to Rs.2,14,586.66 each which is 1/3rd of total amount of Diyat i.e. 6,43,760 as per Notification, dated 1-7-2006. The other co-accused were acquitted of the charge. All the sentences were ordered to run concurrently. The benefit of section 382-B, Cr.P.C. was given to them. The convict-appellants have filed Criminal Appeal No.430 of 2007 against their conviction and sentence. Mst. Daulat complainant has filed Criminal Revision No.386 of 2007 for the enhancement of conviction and sentence of the appellants.

2. During the pendency of appeal, Criminal M. No.460-M/2008 was moved seeking permission from the Court to allow the compromise arrived at between the legal heirs of the deceased and the appellants. A copy of the said petition was transmitted to the learned Sessions Judge, Sargodha for necessary verification about the genuineness and authenticity of the compromise. The report of learned Sessions Judge has been received confirming that Azhar Iqbal deceased was survived by Mst. Kaneez Kausar (mother), Zafar Iqbal, Mazhar Iqbal, Fazal Mehmood, Maqbool Ahmad (brother) and minor sister Iram Shehzadi which were verified by Tehsildar and S.H.O. concerned. Learned Sessions Judge in his report declared that the legal heirs of the deceased have unanimously deposed that they have pardoned the appellants with their free will and consent in the name of God Almighty and waived their right of Qisas and Diyat and have no objection if the appellants are acquitted of the charge. The share of diyat amount of minor amounting to Rs.43,526, the Defence Savings Certificates have been purchased from National Saving Centre, Sargodha in her name and originals have been handed over to her mother Mst. Kaneez Kausar. Learned Sessions Judge has further declared in his report that legal heirs of deceased have entered into compromise with the appellants voluntarily and with their free consent. I am of the view that the compromise having been effected between the parties is genuine and arrived at between the parties without any duress and coercion. Learned Sessions Judge has also declared in his report that Mst. Daulat Bibi, injured has not compromised the matter with the appellants.

3. In view of above, I partially allow this petition for compromise and partially accept the appeal and set aside the conviction and sentence of the appellants to the extent of section 302(b), P.P.C. The appeal to the extent of sections 324 and 337-C, P.P.C. shall remain pending. The Criminal Revision filed by the complainant for the enhancement of sentence and conviction of the appellants under section 302(b), P.P.C. is dismissed and to the extent of sections 324 and 337-C shall remain pending. H.B.T./M-411/L Order accordingly.