2011 PLP 1292 (SCMR)

SYED ZAWWAR HUSSAIN JAFFERY, J.

The appellants were tried and convicted under sections 302(b)/34, P.P.C. and sentenced to imprisonment for life each and to pay a sum of Rs. 50,000 each as compensation to the legal heirs of the deceased Abdul Ghafoor. In default whereof, they shall undergo further R.I. for six months each. The trial Court also extended the benefit of section 382-B, Cr.P.C. to the appellants. The conviction and sentence were duly recorded by the learned Additional Sessions Judge, Shakargarh, vide judgment dated 30-11-2001. The appellants challenged their conviction in the Lahore High Court, Lahore, by filing Criminal Appeal No. 1967 of 2001. The Appellate Court maintained the conviction and sentence awarded by the trial court vide impugned judgment dated 21-2-2003. The appellants filed J.P. No. 195 of 2003 against the impugned judgment in which leave was granted by this Court vide order dated 19-9-2004.

2. During pendency of Appeal No. 312 of 2004 before this Court, the appellants filed an application under section 345(2), Cr.P.C. for seeking their acquittal on the basis of the compromise arrived at between the parties by filing Cr.M.A. No. 372 of 2008. This Court vide order dated 17-9-2008 directed the learned Sessions Judge, Narowal for recording statements of the parties including all the legal heirs of the deceased and to submit his report with regard to the genuineness or otherwise of the compromise. In pursuance to the direction of this Court, the learned Sessions Judge summoned the legal heirs of the deceased and recorded their statements. Nazim of the concerned Union Council was also summoned and his statement regarding the verification of the list of the legal heirs was recorded. The deceased Abdul Ghafoor was married. The major legal heirs of the deceased, namely, Mst. Nusrat Bibi (wife) Tahira Bibi (daughter) and Tariq Hussain (son) were examined. The above said three legal heirs were identified by the learned Sessions Judge on the basis of their original computerized identity cards. As per their statements, they have categorically stated that they have entered into a compromise with the appellants and have pardoned/forgiven them voluntarily in the name of Almighty Allah. The remaining legal heirs, namely, Fakhra Bibi (aged about 15 years), Saira Bibi (aged about 13 years) and Bushra Bibi (aged abut 11 years) were minors. In view of their minority, the compromise cannot be effected as they are entitled to Diyat money according to their own share. It was opined by the learned Sessions Judge Narowal that the compromise in this case has been found genuine only to the extent of three major legal heirs. The statement of Abdul Qayum, Nazim, Union Council concerned, was also recorded and he submitted list of legal heirs of the deceased in this case. Vide order dated 18-11-2008 passed by this Court, it was observed that the above three legal heirs being minors are entitled to Diyat money according to their share and the learned counsel stated that the appellants/convicts were ready to deposit the amount of Diyat. In compliance to the above order of this Court the appellants have deposited Diyat amount in the Court in the shape of Defence Saving Certificates in the names of respective minor legal heirs as under:-- (1) Fakhra Bibi (aged 15 years) Rs. 39,500 (2) Saira Bibi (aged 13 years) Rs. 39,500 (3) Bushra Bibi (aged 11 years) Rs. 39,500

3. All the legal heirs of the deceased on the basis of the compromise arrived at between the respective parties have forgiven the appellants/convicts in the name of Almighty Allah and have already sworn affidavits. The major legal heirs have deposed before the learned Sessions Judge that they have entered into a compromise and have forgiven the appellants/convicts, therefore, have no objection if the Criminal Appeal No. 312 of 2004 is accepted and the appellants be acquitted from the charge.

4. In the light of the foregoing reasons, facts and circumstances, Cr.M.A. No. 372 of 2008 is allowed and Criminal Appeal No. 312 of 2004 is disposed of in terms of compromise. The appellants are acquitted from the charge and shall be released forthwith if not required in any other case. N.H.Q./N-1/SC Accused acquitted.