1998 PLP 1681 (MLD)

KHALIL-UR-REHMAN RAMDAY, J.

Zafar Abbas and Khizar Hayat alias Ayyub had been tried by a learned Additional Sessions Judge at Chiniot for the murder of one Muhammad Riaz. Through a judgment dated 2-10-1991 of the said learned Court, both of them had been found guilty of the charge and having been convicted under section 302/34, P.P.C., Zafar Abbas had been punished with death and a fine of Rs.30,000 or three years R.I. in default while Khizar Hayat alias Ayyub was sentenced to imprisonment for life with the same amount of fine and the same direction of imprisonment in default of payment of fine.

2. Murder Reference No.458 of 1991 seeks confirmation of the said sentence of death. Criminal Appeal No.1075 of 1991 and Criminal Appeal No.1201 of 1991 filed, respectively, by Zaffar Abbas and Khizar Hayat convicts, impugn the abovementioned convictions and sentences recorded against each one of them. All these matters are being disposed of together through this single judgment.

3. During the pendency of these matters before us, it had been brought to our notice that the heirs of Muhammad Riaz deceased had compounded the offence in question with the two appellants and it had, therefore, been prayed that the appellants be acquitted.

4. Mst. Ruqaiyyah Bibi (mother), Mst. Fatima Bibi (sister), Mst. Sallan Bibi (sister) and Muhammad Yusuf (brother) were produced before us as the heirs of the deceased to verify the factum of the said composition of the said offence. Their statements were recorded on Oath.

5. From these statements it transpired that Muhammad Riaz deceased was a bachelor at the time of his murder; that his father Muhammad Yar was not alive and that the abovementioned mother, the brother and the two sisters of the deceased were his only surviving heirs. All these heirs deposed before us that they had received a sum of Rs.3,00,000 (Rupees three lacs only) as Badal-e -Sulah and had compounded that offence of Muhammad Riaz's murder with both the appellants. All these heirs prayed that the, appellants be consequently acquitted.

6. We are satisfied with the voluntary nature of the composition of the above-said offence as noticed above. Nothing exists on record which could warrant the punishment of the appellants by way of Tazeer.

7. This compromise is, therefore, allowed. The impugned judgment, the convictions and the sentences recorded against Zafar Abbas and Khizar Hayat alias Ayyub are set-aside and both these appellants are acquitted of the said charge of murder as envisaged by section 345, Cr.P.C. They shall be set at liberty forthwith if not required to be detained in any other case.

8. The record of this murder reference has still not been printed. In view of the compromise reached between the parties, we have dispensed with the printing of record and have disposed of these matters accordingly.

9. Death sentence awarded to Zafar Abbas having been set aside, there is no question of its confirmation. Criminal Appeal No. 1075 of 1991 and Criminal Appeal No. 1201 of 1991 are allowed for reasons above stated. H.B.T./K-62/L Appeal allowed.