ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.Jail.Appeal.No.D-   32   of   2013

                             Confirmation Case No. 06  of  2013

DATE         ORDER WITH SIGNATURE OF JUDGE

          1. For orders on MA 3050/2018.

          2. For orders on MA 3051/2018.

          3. For orders on MA 3052/2018.

          4. For orders on MA 3053/2018.

27.06.2018.

Mr. Kamran Baig, Advocate for appellants.

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

Complainant Ali Muhammad present in person.

                             =

          The listed applications have been filed u/s 345(2) and (6) Cr.P.C for compromise reached between the complainant(s) and both accused.

          The appellants were convicted vide judgment dated 15.04.2013 by the trial court and were sentenced to death u/s 302 (b) and 34 PPC with payment of fine of Rs.100,000/- (One lac) each to be paid to the legal heirs of two deceased namely Hajan and Mubeen alias Haji Khan as provided u/s 544-A Cr.P.C.

          Parties have compromised the matter on behalf of both the deceased with both the appellants and upon filing of the compromise applications, matter was referred to the trial court for its verification. First report of the trial court was received on 24.05.2018, in which it is reflected that all the legal heirs of deceased have compromised and their verification as to being legal heirs of deceased was done through concerned Mukhtiarkar as well. However, one of the legal heirs of deceased namely Noor Muhammad was in Saudi Arabia and through order dated 12.06.2018, matter was again referred to the trial court for verification to that extent. Today report dated 22.06.2018 has been placed by the trial court, whereby the verification of compromise to the extent of said Noor Muhammad has also been done. The complainant is also present in Court and affirms that all legal heirs have compromised and have forgiven the appellants in the name of Allah.  

          Learned A.P.G. has examined the file and has no objection as the compromise can be made in this matter; however, he submits that appellants have to pay the fine of Rs.100,000/- (One lac) each as ordered by the trial court.

          In view of such position, the applications alongwith compromise are allowed and accepted and the conviction and sentence awarded to the appellants are set aside and both the appellants are acquitted of the charge and they shall be released forthwith, if they are not wanted in any other case. As to the fine, they are directed to pay the same in four (04) monthly installments in Rs.25,000/- each, which shall be deposited with the Additional Registrar of this court, who shall distribute the same between the legal heirs of deceased, as per rules. The first installment shall be paid immediately.

          The Criminal Jail Appeal alongwith reference for confirmation of death sentence stand disposed of in the above terms.    

                                                                                      JUDGE

                                                JUDGE

Tufail