ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Cr.Appeal.No.D- 363  of 2010

Confirmation Case No.19/2010

DATE        ORDER WITH SIGNATURE OF JUDGE

1. For hearing of MA 2606/2016.

2. For hearing of MA 2607/2016.

3. For hearing of MA 2608/2016.

01.07.2016.

Mr. Hemandas S. Sanghani, Advocate for appellant.

Mr. Muhammad Nawaz B. Jamali, Advocate for complainant.

Syed Meeral Shah, D.P.G. for the State.

Complainant Yousif Shah, Gul Muhammad (father of deceased) and Mst. Akbari Begum (mother of deceased) are present.

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            The appellant has preferred this appeal against the judgment passed by IInd Additional Sessions Judge, Badin on 30.09.2010 in Sessions Case No.161/2008 arising from Crime No.188/2008 lodged at Police Station Badin u/s 302, 34 PPC.

            Since the prosecution proved the charge against the appellant for committing murder of deceased Noor Hassan alias Papoo beyond any shadow of doubt, therefore, the appellant was convicted u/s 302(b) PPC and sentenced to death subject to confirmation of this Court. He was also directed to pay the compensation of Rs.200,000/- to the legal heirs of deceased Noor Hassan alias Papoo u/s 544 Cr.P.C.

            During pendency of this appeal, the application was moved u/s 345(2) Cr.P.C. for compounding the offence alongwith application u/s 345(6) Cr.P.C. for acquittal of accused in terms of compromise. The learned Division Bench of this Court after scrutinizing the applications duly signed by the complainant and accused, directed the learned trial Court to hold an enquiry regarding the genuineness of compromise. The learned IInd Additional Sessions Judge, Badin submitted the report on 14.05.2016. During enquiry he recorded the statements of complainant Yousif Shah, Gul Muhammad, the real father of deceased and Mst. Akbari Begum, the real mother of the deceased. All are present in Court and they have categorically stated that they have pardoned the accused in the name of Almighty Allah and do not want to claim any compensation towards Qisas and Diyat. In the report it is clearly mentioned that notice was published in the newspaper on 02.05.2016 but no one appeared and claimed to be the legal heir of deceased other than the persons appeared before him. The learned IInd Additional Sessions Judge, Badin concluded that compromise between the parties is genuine.

            The learned D.P.G. has also gone through the compromise application and statements alongwith report submitted by the trial Court and he has no objection if the compromise is accorded and the appellant is acquitted.

            In view of the compromise and the statements recorded by the trial Court during enquiry, the applications are accepted and compromise is accorded. Consequently, the appellant is acquitted and the confirmation case is answered in negative. The appellant shall be released forthwith if not required in any other case, subject to deposit of compensation of Rs.200,000/- (Two lac) as directed to be paid in the judgment of the trial Court in view of Section 544 Cr.P.C. The amount of compensation shall be deposited by the appellant to the Additional Registrar of this Court and it will be disbursed by him to the legal heirs of deceased.

            The appeal alongwith pending applications and the confirmation case are disposed of accordingly. 

                                                                                                JUDGE

JUDGE

Tufail