1995 PLP 1296 (SCMR)

AJMAL MIAN, J.‑‑‑Subject‑matters of this appeal were two murders namely of Shahmir son of Sultan Jatoi, Allah Bux son of Muhammad Ali Jatoi and causing grievous injuries to Sarang. The appellants under section 302/34, P.P.C. for the murders of Shahmir and Allah Bux were awarded life imprisonment and to pay a fine of Rs.10,000 or in default to suffer R.I. for six . months on two counts separately whereas under section 307/34, P.P.C. for attempting to commit murder of P.W. Sarang, they were awarded R.I. for five years and to pay a fine of Rs.5,000 or in default to suffer R.I. for three months, The parties filed an application containing compromise. According to above compromise the major legal heirs of deceased Shahmir and Allah Bux have waived their right to claim any compensation and have forgiven the appellants for the above offences. The matter was referred to the learned Sessions Judge, Nawabshah with the direction to send for the legal heirs and to record their statements in order to ascertain correct factual position. The learned Sessions Judge has submitted his report dated 2‑12‑1993 alongwith the statements of the major legal heirs. In the above report the learned Sessions Judge has verified that deceased Shahmir left behind an issueless widow Mst. Assat, father Sultan and mother Mirzadi whereas the other deceased Allah Bux left two minor sons namely Sikandar and Shaman, besides widow Momal and father Muhammad All. It is also stated in the above report that compensation 8 of Rs.2,000 was awarded in the Faisla, but the injured and the heirs of the deceased persons had forgiven the accused and did not accept that compensation. On 22‑12‑1993 this Court had directed the appellants to deposit minors' shares of Diyat money in a Bank in a P.L.S. Account to be opened in the name of each minor. The appellants have filed photostat copies of the two certificates issued by the U.B.L. Kazi Ahmed Branch certifying that Rs.75,000 have been deposited in each of the accounts of the above two minor sons of Allah Bux. Photocopies of the deposit slips have also been filed. Mr. Mujeeb Pirzada, lear.ied A.S.C. has also shown the original of the above photostat copies. Mr. A.G. Mangi, Additional Advocate‑General, Sindh for the State has examined the above documents and states that the compromise is in accordance with law. He further submits that since the parties are closely related and as the object of the compromise is to create cordial relations p between them, it is not 6t case in which this Court should press into service section 311, P.P.C. for imposing punishment of Tazir. We are also inclined to take the same view. The above compromise is accepted. The appellants are ordered to be released forthwith unless they are required in any other case. N.H.Q/228/S Compromise accepted.