1992 P Cr (PLP)

KHALIL‑UR‑REHMAN RAMDAY, J: ‑‑ Muhammad Nawaz and Muhammad Siddique were tried by a learned Additional Sessions Judge of Sheikhupura for having murdered one Atta Muhammad on 12‑9‑1987 at about 5‑00 p.m., in furtherance of their common intention. .

2. Through his judgment, dated 3047‑1990, the said learned Court found Muhammad Siddique accused entitled to the benefit of doubt and acquitted him accordingly. Muhammad Nawaz was, however, found guilty of the charge and having been convicted under section 302, P.P.C. he was sentenced to suffer death and to pay a fine of Rs.25,000 or to undergo two years' R.I. in default thereof. The entire amount of fine was directed to be paid as compensation to the heirs of the deceased.

3. Murder Reference No.203 of 1990 seeks confirmation of the sentence of death imposed on Muhammad Nawaz convict who, in turn, questions the conviction and the sentences recorded against him through Criminal Appeal N0.714 of 1990.

4. Both these matters are being disposed of together through this single judgment.

5. During the pendency of the above matters before this Court, an application bearing Criminal Miscellaneous No.2 of 1992 came up before us wherein it had been stated that the heirs of Atta Muhammad deceased' had pardoned Muhammad Nawaz appellant and it was consequently prayed that the said appellant be acquitted. This application was accompanied by the affidavits of the father and the widow of the said deceased.

6. In pursuance of the said application, the heirs of the deceased appeared before us to testify the factum of pardon granted by them.

7. Atta Muhammad deceased was survived by Ghulam Hussain (father), Mst. Nasreen Kausar (widow) and Sajjad, Ijaz, Shahbaz and Nawaz (sons).

8. Out of the above‑said heirs, all the sons of the deceased above mentioned are minors. Nevertheless Sajjad who is aged about fifteen years appeared to be of the age of discretion. Consequently, his statement was recorded by us on oath and likewise the statements of the father and the widow of Atta Muhammad deceased were also recorded by us.

9. All the three heirs above‑mentioned deposed before us that they had granted AFW to Muhammad Nawaz appellant. It was further stated by Ghulam Hussain and Mst. Nasreen Kausar above‑mentioned that they had granted AFW to the appellant even on behalf of the three minor sons of the deceased, namely, Ijaz, Shahbaz and Nawaz.

10. From these statements recorded by us we are satisfied that the heirs above‑mentioned are, the only heirs left behind by the deceased and further that they had granted AFW to the appellant. The said heirs had also prayed that the appellant be acquitted. .

11. There is nothing on record to persuade us not to act upon the AFW granted by the heirs of the deceased or to punish the appellant by way of 'fazir. I

12. Consequently, Criminal Appeal No.714 of 1990 is allowed. The conviction and the sentences recorded against Muhammad Nawaz appellant through the above‑mentioned impugned judgment ace set aside in view of the above‑mentioned composition of offence in question and he is accordingly acquitted of the charge as envisaged by the provisions of section 345, Cr.P.C.

13. He shall be set at liberty if not required to be detained in any other case.

14. In the circumstances Murder Reference No.203 of 1990 is answered in the negative as there is no question of the confirmation of death sentence which has since been set aside by us. S.A./M‑217/L? Compromise accepted.