2022 PLP 2006 (MLD)

FAROOQ HAIDER, J.

Instant criminal appeal has been filed by Munshi Intizar Hussain alias Gapu (appellant/convict) against the judgment dated: 28.04.2021 passed by learned' Additional Sessions Judge, Lahore/trial court, whereby in case arising out of FIR No.18/2020 dated: 03.01.2020 registered under Section 302, P.P.C. at Police Station Hanjarwal, District Lahore, he has been convicted and sentenced as under: Conviction Sentence Under Section 302(c), P.P.C. Under Section 302(c), P.P.C. to seven (7) years' R.I. with payment of compensation of Rs.3,00,000/- under Section 544-A Cr.P.C. to the legal heirs of Muhammad Fayyaz (deceased) and in default of payment of compensation thereof; recoverable as arrears of land revenue. Benefit of Section 382-B, Cr.P.C. was extended in favour of the appellant (convict).

2. During pendency of the titled appeal, the convict/appellant filed Crl. Misc. No.01 of 2021 under Section 345, Cr.P.C. seeking permission to compound the offence as the appellant/convict and legal heirs of Muhammad Fayyaz (deceased) have arrived at a compromise, whereupon the said petition along with annexures was sent to the learned Sessions Judge, Lahore to verify the factum of genuineness of the compromise between the parties and also to confirm that interest of the minor legal heirs, if any, was duly secured and safeguarded. In compliance thereof, learned Sessions Judge, Lahore furnished his report received through letter No.12531 dated: 29.09.2021 detailing therein that after obtaining reports from Tehsildar and S.H.O. police station concerned, he came to the conclusion that Muhammad Fayyaz (deceased) was unmarried at the time of occurrence and was survived by the following legal heirs:-

1. Muhammad Nawas (brother)

2. Muhammad Nadeem (brother)

3. Mst. Gogan Bibi (sister) Learned Sessions Judge recorded statements of Muhammad Nawaz, Muhammad Nadeem and Mst. Gogan Bibi (brothers and sister, respectively), wherein they stated in clear terms that Muhammad Fayyaz (deceased) was unmarried, they are the only legal heirs of the deceased, their parents (parents of the deceased) namely Allah Ditta and Mst. Zubaida Bibi alias Sharifian have already died, they have effected compromise with Munshi Intizar Hussain alias Gappu (convict/appellant) and forgiven him in the name of Allah Almighty by waiving their right of Qisas and Diyat, they have no objection on the acquittal of the convict/appellant in this case.

3. Learned counsel for the appellant submits that compromise has been effected amongst the appellant/convict and legal heirs of Muhammad Fayyaz (deceased of the case) and in this regard, he by referring report submitted and statements of legal heirs of the deceased recorded by learned Sessions Judge, Lahore, requests for acceptance of this appeal and acquittal of the appellant on the basis of compromise.

4. Learned Deputy District Public Prosecutor has submitted that since offence under Section 302(c), P.P.C. is compoundable, therefore, in the peculiar facts and circumstances of the case, he has no objection on the acceptance of this appeal and acquittal of appellant/convict in this case on the basis of compromise.

5. Arguments heard. Record perused.

6. Learned counsel for the appellant and learned Deputy District Public Prosecutor are not at variance for sanctioning the approval to the compromise reached between the appellant and legal heirs of Muhammad Fayyaz (deceased). Further perusal of the report of learned Sessions Judge, Lahore and statements of above said legal heirs of the deceased, reflect that the compromise between the appellant and above said legal heirs is genuine and they have arrived at a compromise with their free will and without any duress or coercion. In view thereof, when the proposed compromise between legal heirs of the deceased and appellant is likely to promote the cause of peace in the locality/society as well as betterment of present and coming generations of the parties and particularly when no element of "Fisad-fil-Arz" within the meaning of Section 311, P.P.C. has been found from the facts and circumstances of the case, then it is appropriate to grant permission/leave for effecting the compromise within the meaning of Section 345(2)(5), Cr.P.C. It is trite law that surviving legal heirs of a deceased are quite competent to effect compromise within the meaning of Section 345, Cr.P.C. where conviction and sentence have been passed under Ta'zir. In this regard, guidance has been sought from the dictum laid down by the larger Bench of august Supreme Court of Pakistan in case titled as "Muhammad Yousaf v. The State and others" (PLD 2019 Supreme Court 461). Hence, permission/leave for effecting compromise between the appellant and legal heirs of the deceased is granted by allowing the application bearing Crl. Misc. No.01 of 2021. Accordingly, titled appeal bearing Crl. Appeal No.35841-J/2021 is also accepted, as a result whereof, conviction recorded and sentence awarded to Munshi Intizar Hussain alias Gappu (appellant) vide judgment dated 28.04.2021 passed by learned Additional Sessions Judge, Lahore/trial court, is hereby set-aside, Munshi Intizar Hussain alias Gappu (appellant/convict) is acquitted of the charge within the meaning of Section 345(6), Cr.P.C. in case arising out of FIR No.18/2020 dated 03.01.2020 registered under Section 302, P.P.C. at Police Station Hanjarwal, District Lahore. Appellant shall be released forthwith if not required in any other case. SA/I-22/L Appeal accepted.