1995 P Cr (PLP)

Muhammad Hayat Qureshi for the State. Gul Zaman Khan for the Complainant. Date of hearing: 21st November, 1993. The two appellants Ghulam Rasool son of Haji Abdullah Mir Bahar and Hasim son of Muhammad Ismail Bhatti were both tried by the learned I1Ird Additional Sessions Judge, Hyderabad who by his judgment, dated 25-7-1991 convicted the appellants under section 302, P.P.C. and sentenced them to suffer imprisonment for life and fine of Rs.10,000 each or in default of payment of fine to undergo R.I. for one year more. Both the appellants have challenged their said conviction and sentence under this appeal. The incident of this case took place on 22-12-1982 and the report was lodged by P.W.1 Muhammad Alam at Police Station Tando Muhammad Khan vide F.I.R. No.14/82. It was alleged that the present appellants gave fist and kick blows to Khan Muhammad brother of the complainant near the gate of Degree College Tando Muhammad Khan after the said Khan Muhammad had received a dagger blow by the absconding accused Jaffer Mallah. On account of the said injuries, Khan Muhammad had fallen down while the complainant received the message from Rasool Bux P.W.2 and thereafter the report was lodged. The incident was witnessed by P.Ws. Rasool Bux, Noor Muhammad and Muhammad Ibrahim. At the trial the prosecution had examined all the material witnesses and after the statements of the appellants under section 342, Cr.P.C. as well as under section 340(2), Cr.P.C. the trial Court convicted the appellants as already mentioned hereinabove. The appeal came up for final hearing on 7-11-1993 on which date it was brought to the notice of the Court that the complainant party including the legal heirs of the deceased Khan Muhammad have compromised the matter. In proof of the factum of the compromise, the affidavit of all the legal heirs who were duly identified by the counsel for the complainant were submitted and are on the record. The said legal heirs also appeared in person on the said date and each one of them were called to confirm the factum of the compromise. After the verification of their signatures and the contents of the affidavits, they were not directed to appear again. On the, said date it was noticed that the heirship certificate was not filed. Accordingly Mr. A.Q. Halepota, Advocate, has placed on record' the heirship certificate issued by the Administrator, Union Council Nazarpoor and also by Haji Muhammad Amin Lakho, M.PA. Sindh. With the submission of the heirship certificate all the necessary formalities are completed. The required form under which the compromise had taken place is duly tilled in. The affidavit of all the legal heirs have been filed. Necessary application under section 345, Cr.P.C. duly signed by the two parties and their counsel is also on record as Miscellaneous Application No.1808 of 1993. Today this matter has again come up for the disposal of the case. After the amendment in section 345, Cr.P.C., an offence under section 302, P.P.C. has been made compoundable at the instance of the legal heirs of the deceased, with the permission of the Court. Such an application has been filed under the required form giving all the details and the factum of the compromise. In addition the application under section 345(5), Cr.P.C. has also been filed. In view of the fact that the legal heirs of the deceased namely Rab Dino, father of the deceased; Dado Khan and Muhammad Alam, brothers of the deceased; Muhammad Aslam, brother of the deceased; Fida Hussain, brother of the deceased; Mst. Khairan, mother of the deceased; and Mst. Aysha, widow of the deceased. All the legal heirs in their affidavits have waived their right of Qisas and Diyat and have expressed that they have compromised the matter with the present appellants. It may be mentioned that the legal heir Mst. Aysha who is widow of the deceased had no legal issue. This being the position, I do not find any impediment in the way of this compromise application, accordingly I allow this application under section 345(5), Cr.P.C., and in the result the two appellants are hereby acquitted by virtue of section 345(6), Cr.P.C. This appeal stands disposed of, both the appellants are in custody, they are to be released forthwith if not required in any other case. It may be clarified that this compromise application is allowed only to the extent of the present appellants. N.H.Q./G-382/K Compromise accepted.