ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Criminal Appeal No.S-13 of 2013.
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Date of hearing |
Order with signature of Judge |
Before: Mr.Justice Irshad Ali Shah
1. For orders on M.A.No.4885/2018
2. For hearing of 426 Cr.PC on M.A.No.201/13
3. For orders on M.A.No.3364/2018 (345-4)
4. For orders on M.A.No.3365/2018 (345-5)
5. For orders on M.A.No.3366/2018 (345-6)
6. For hearing of case.
Date of hearing: 19.11.2018
Date of decision: 23.11.2018
Mr.Asif Ali Chandio, Advocate for the appellants.
Mr.Habibullah Ghouri, Advocate for the complainant.
Mr.Raja Imtiaz Ali Solangi, A.P.G for the State.
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1. Granted.
2. Not pressed.
3. Granted.
4. Granted.
5 & 6. The facts in brief necessary leading to passing of instant order are that the appellants with rest of the culprits, allegedly after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Juma Khan, by causing him fire shot injuries, for that they were booked and challaned by the police before the Court of law to face trial for the above said offence.
At trial, the appellants did not plead guilty to the charge and the prosecution to prove it, examined complainant Wali Muhammad and his witnesses and then closed the side.
The appellants during course of their examination u/s.342 Cr.PC denied the prosecution’s allegation by pleading innocence, they did not examine anyone in their defense or themselves on oath in disproof of the prosecution allegation.
On evaluation of evidence so produced by the prosecution, the appellants were convicted and sentenced by learned Sessions Judge, Jacobabad, as under;
“I convict the present accused namely Nadir Ali, Abdul Rehman and Muhammad Ali, for the offence u/s 302 (b) and 149 PPC and sentenced them to rigorous imprisonment for life and to pay compensation of Rs.100,000/- (one hundred thousand rupees) by each accused to the legal heirs of the deceased as envisaged u/s 344 Cr.PC, in case of default of payment of compensation the accused shall suffer S.I for one year more.
The appellants being aggrieved of conviction and sentence recorded against them by learned trial Court by way of judgment dated 23.01.2013, have impugned the same before this Court by way of filing the instant criminal appeal.
During pendency of the instant appeal, the appellants filed the an application for compounding the offence with the complainant party, it was signed/consented by complainant and adult legal heirs of the said deceased on their behalf and on behalf of the minor legal heirs of the said deceased in capacity of their “Wali”.
Deceased Juma Khan was said to be survived by the following legal heirs;
1. Muhammad Mithal (Father)
2. Mst.Rani (Mother)
3. Mst.Sughra (Widow)
4. Abdul Waheed (minor son)
5. Naveed Ahmed (minor son)
6. Abdul Rasheed (minor son)
7. Baby Azra (minor daughter)
8. Baby Iqra (minor daughter)
The application for compounding the offence was assigned for enquiry to learned trial Court; it is reported by him as under;
“During course of enquiry, this Court has recorded the statements of adult legal heirs of deceased Juma Khan Lashari namely Muhammad Mithal (father), Mst.Rani (mother) and Mst.Sughra (widow), who unanimously deposed in their statements that they have compromised with the accused persons with their free-will without coercion or pressure and forgiven them in the name of Allah without any compensation. They further stated in their statements that they have waived their right of Qisas and Diyat on their behalf and Qisas on behalf of minor children of the deceased in favour of the accused persons. They also stated that they have not received any Diyat amount from the accused persons as Badl-e-Suleh. They raised no objection for acquittal of the accused persons on the basis of compromise”.
It is contended by learned counsel for the appellants that the compromise which is arrived at between the parties is true and genuine and “Diyat” money worth Rs.12,50,000/- for minors has already been deposited by the appellants with the Accountant of this Court, who in turn has deposited the same with National Saving Centre, under Defence Saving Scheme (Certificates). By contending so, he sought for acquittal of the appellants by way of compromise.
Learned A.P.G for the State and learned counsel for the complainant have recorded no objection to the acquittal of the appellants by way of compromise.
I have considered the above arguments and perused the record.
The compromise which is arrived at between the parties is appearing to be true and genuine, which apparently has been effected by the parties without coercion or compulsion, it has not been objected by any one. The legal heirs of the said deceased have waived the right of “Qisas” against the appellants. The “Diyat” money under share of minor legal heirs of the said deceased has already been deposited by the appellants with this Court, which has been invested in their names by the Accountant of this Court, in some profitable scheme. The compromise arrived at between the parties is therefore accepted in the best interest of peace and brotherhood, which is expected to be prevailed between the parties. Consequently, the appellants are acquitted of the offence for which they were charged, tried and convicted by learned trial Court, they shall be released forthwith, if are not required in any other custody case.
The instant criminal appeal is disposed of accordingly together with listed application.
JUDGE
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