1992 P Cr (PLP)

SARDAR MUHAMMAD DOGAR, J.‑‑‑ Parvez alias Paija was tried by the Additional Sessions Judge, Faisalabad, alongwith Abdul Majid alias Bura, Muhammad Rafiq alias Vira and Tariq Mahmud alias Muda, for having murdered Siddiq alias Diqa on 20‑5‑1989 at Isha prayer time, in the area of New Anarkali Bazar, Samanabad, Faisalabad. He was convicted under section 302, P.P.C. vide judgment, dated 19th January, 1991 and sentenced to death plus to pay a fine of Rs.10,000 in default whereof to undergo R.I. for 2 years. His co‑accused were acquitted vide same judgment.

2. The convict filed appeal. Learned trial Judge has made reference for confirmation of death sentence.

3. During the pendency of appeal, Criminal Miscellaneous No.2‑M of 1991 was moved for acquittal of Parvez alias Paija by virtue of compromise entered into between him and Mst. Razia Khanum sister of the deceased.

4. Mst. Razia Khanum appeared on 21‑10‑1991. Her statement was recorded on the identification of Ch. Muhammad Ghani, Advocate. She stated that she was the only sister of the deceased and their parents as well Jamil their only brother had died before the murder of her brother (deceased in this case). She stated that the deceased had not married. She also stated that the only brother, her father had, had also died issueless, leaving no heirs behind. She further clarified that there was nobody to inherit from the maternal side as well. She claimed to be the only living heir of the deceased. She declared that she had compromised with the appellant and forgiven him in the name of Allah. In fact, she explained that the occurrence had taken place between two other parties and her brother had been hit accidentally and she really did not know as to who actually had murdered her brother.

5. Muhammad Akram at whose instance the case was registered against the appellant and others, also appeared and made statement on oath. He corroborated the statement made by Mst. Razia Khanum that the deceased had left no other heir excepting Mst. Razia Khanum, his sister.

6. As the only living heir of the deceased, has compromised with the appellant, we did not consider it necessary to keep the matter pending till the printing of record. We, therefore, dispensed with the printing of record and proceeded to decide the matter.

7. There is no reason to disbelieve the proposition that excepting Mst. Razia Khanum there was any other living heir of the deceased. Being real sister, she would not have hidden that fact from the Court particularly when there was no monetary consideration. In the circumstances of the case there appears to be no necessity for punishing the appellant with Tazir in spite of having been forgiven by the only heir of the deceased. We, therefore, allow the appeal and acquit the appellant by way of acceptance of compromise entered into between the parties. He shall be released forthwith if not required in any other case. Sentence of death is not confirmed. SA./P‑4/L Appeal accepted.