1998 PLP 201 (MLD)

Altaf Ibrahiin Qureshi for Petitioners. S.M. Rasheed for the Complainant. Mirza Fayyaz-ud-Din for the State. Date of hearing: 26th November, 1996. On the basis of the registration of F.I.R. N6.433, dated 11-11-1994 at Police Station Saddar, Chichawatni, District Sahiwal Muhammad Iqbal, Muhammad Imtiaz, Sarang-and Zahoor petitioners/appellants after investigation were challaned who were tried and convicted by the Addition Sessions Judge, Chichawatni, District Sahiwal and sentenced to 10 years' R.I. with a fine of Rs.5,000, or in default in the payment of fine to further undergo for a period of 2 years' R.I. under section 364/34, P.P.C. imprisonment for life and Compensation of Rs.25,000 or in default in the payment thereof to undergo further 6 months' R.I. under section 302/34, P.P.C., and 2 years' R.I. and a fine .of Rs.2,000 or in default in the payment of fine to undergo further 6 months' R.I. under section 201/34, P.P.C. and Zahoor petitioner was also awarded the aforesaid sentences. All the sentences were directed to run concurrently. The petitioners were given the benefit of section 382-B, Cr.P.C.

2. The convicts have filed Criminal Appeal No. 103 of 1995. The convicts have filed Criminal Miscellaneous No.209 of 1996 for permission to compromise the matter with the heirs of the deceased Mst. Jannat Bibi. The report has been called for from the Assistant Commissioner, Chichawatni, District Sahiwal which forms part of his record after its preparation with the help of the Revenue Officer and the co-sharers in the village. According to the report of the Assistant Commissioner, Chichawatni Mst. Jannat Bibi deceased. left her husband Adil and her sons Mazhar and Zafar as her legal heirs. All the aforesaid three heirs are present in Court who are adult persons. All of them have stated before this Court about the inception of compromise and have expressed that they have forgiven all the aforesaid convicts in the name of Almighty God. They have no objection if all the convicts are acquitted as according to them it would improve their future relations and they shall be able to pass their future life in cordial manner.

3. In view of the aforesaid aspect of the matter the parties have compromised, I accept the aforesaid application and allow them to compromise. Consequently, Criminal Appeal No.103 of 1995 is accepted, the sentences and conviction recorded against the appellants are set aside and they are held entitled to be released forthwith, if not required in any other case. The Robkars shall be issued for the release of the convicts and they shall be released forthwith, if not required in any other case. Both the aforesaid Criminal Miscellaneous No.209 of 1996 and Criminal Appeal No. 103 of 1995 stand disposed of. N.H.Q./M-453/L Compromise allowed.