2010 P Cr (PLP)

GHULAM MUSTAFA MENGAL, J.

Through this appeal the appellant has assailed judgment dated 11th May, 2007 passed by learned Additional Sessions Judge, Nasirabad at Dera Murad Jamali, whereby; he convicted the appellant under section 302, P.P.C. and sentenced him to suffer death as Tazir under section 302(b), P.P.C. along with compensation Rs.1,00,000 (one lac) payable to the legal heirs of deceased namely Raheem Bakhsh as envisaged under section 544, Cr.P.C., in default whereof, the convict was ordered to further undergo R.I. for six (6) months, in case F.I.R. No.13 of 2006 dated 24-1-2006 registered under sections 302/147/148 and 149, P.P.C. at Police Station Manjho Shoori.

2. Murder Reference No.(S)12 of 2007 seek confirmation of the said sentence of death, while convict Shafi Muhammad challenged the above mentioned conviction and sentence recorded against him through Criminal Appeal No.(S)51 of 2007. Both these matters are being disposed of together through this single judgment.

3. During the pendency of these matters before this Court, Criminal Miscellaneous Application No.127 of 2009 had been filed praying for the acquittal of Shafi Muhammad appellant on the ground that the heirs of deceased had compromised the offence in question with Shafi Muhammad, which was referred to the learned Sessions Judge Nasirabad at Dera Murad Jamali for its verification, who after recording the statements of legal heirs submitted his report to following effect:

"The above legal heirs' statements have been recorded by this Court. They have verified the factum of compromise. Their statements further indicate that they shave compounded the matter voluntarily. It has been categorically stated by the aforesaid legal heirs in their statements that except them deceased have no other legal heirs, the father and mother of deceased has been died. The list of legal heirs was also verified from the Investigating Officer, namely, Nasir Ahmed Assistant Sub-Inspector Police and his statement also recorded as C.W.5. It is also deemed fit to point out that the conduct of the above legal heirs in the Court was truly expressive of the voluntarily nature of the compromise regarding the murder of their deceased Rahim Baksh. Further they have stated before the Court that they have patched up the matter outside the Court voluntarily and without any coercion or pressure and pardoned the accused in the name of Almighty Allah."

4. In order to consider whether the convict Shafi Muhammad is re pentant and other related matter i.e. Fasad-fil-Arz, moreover, the learned Additional Advocate-General also sought time to ascertain whether any assistance from Shafi Muhammad, convict is required in tracing the absconding accused persons, therefore, we directed Superintendent Central Jail Mach to produce the convict Shafi Muhammad. The convict was produced in the Court, who appeared repentant, for the crime convicted and had sought forgiveness from Almighty Allah; and we inquired front Shafi Muhammad about the whereabouts of co-accused, who are reportedly absconding, he submitted that he has no contact with them as he has been in prison for over three years.

5. We are satisfied with the voluntary nature of the `Afw' granted by the legal heirs of deceased Raheem Bakhsh. Nothing exists on record, which could persuade us not to act upon the said `Afw' granted to the appellant or to punish the appellant by way of Tazir under section 311, P.P.C.

6. Consequently the composition of the offence in question as above noticed is allowed. The above mentioned conviction and sentence recorded against Shafi Muhammad appellant is set aside and he is acquitted of the charge as envisaged by section 345, Cr.P.C. He shall be set at liberty forthwith, if not required to be detained in any other case.

7. Murder Reference No.(S)12 of 2007 and Criminal Appeal No.(S)51 of 2007 are disposed of in the above terms. Appeal accepted. N.H.Q./1/Q Compromise accepted.