ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Jail Appeal No.S-60 of 2018.

 Date of hearing

Order with signature of Judge

 

                                       Before: Mr.Justice Irshad Ali Shah  

 

1.     For orders on M.A.No.3760/2018.

2.     For orders on M.A.No.3761/2018 (Appln. u/s 345-5 Cr.PC).

3.     For orders on M.A.No.3761/2018 (Appln. u/s 345-56Cr.PC).

 

Date of hearing:    30.11.2018

Date of decision:   03.12.2018

                        Mr.Ashiq Hussain Kalhoro, Advocate for the appellants.  

Mr.Sharafuddin Kanhar, A.P.G for the State.

Complainant and legal heirs of deceased in person

 

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                        The facts in brief necessary leading to passing of instant order are that the appellants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Sher Khan and Ghulam Abbas, by causing them fire shot and hatchet injuries, for that they were booked and challaned by the police before the Court of law.

                        At trial, the appellants did not plead guilty to the charge and the prosecution to prove it, examined complainant Zamir Hussain 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, vide judgment dated 04.07.2018, the following effect;

“accused Sadar and Sadam both sons of Jurial have been convicted for committing Qatl-e-Amd of Sher Khan and Ghulam Abbas respectively and offence punishable under section 302 (b) PPC. Thus, both of them are sentenced to imprisonment for life as Tazir. Both the above named accused/convict shall, in view of section 544 Cr.PC and judgment reported as 1995 SCMR-1776, pay compensation to the tune of Rs. two hundred thousand only (Rs.200,000/-) each to thelegal heirs/walis of deceased Sher Khan and Ghulam Abbas, failing which they shall suffer simple imprisonment of six months”.

 

                        The appellants being aggrieved of conviction and sentence recorded against them by learned trial Court by way of above said judgment, have impugned the same before this Court by way of filing the instant criminal appeal.

                        During pendency of the instant appeal, the appellants filed an application for compounding the offence with the complainant party, it was signed/consented by the complainant and legal heirs of the said deceased.

                        Deceased Ghulam Abbas and Sher Khan were said to be survived by the following legal heirs;

Sr.No.

Name of legal heir

Relationship with deceased Ghulam Abbas

Relationship with deceased Sher Khan

Age

01.

Zamir Hussain

Brother

Son

35 years

02.

Nadir Ali

Brother

Son

25 years

03.

Munawar Ali

Brother

Son

20 years

04.

Mst.Zareena Khatoon

Wife

Daughter-in-law

23 years

 

                        The application for compounding the offence was assigned for enquiry to learned trial Court; which is furnished, the operative part of the report whereof reads as under;

“That from the statements of above mentioned legal heirs of deceased Sher Khan and Ghulam Abbas, it transpires that the surviving legal heirs of both the deceased have pardoned the convicts in the name of Allah without receiving any compensation. No other person claiming to be legal heirs of both the above named deceased has come forward in response to publication of notice in daily newspaper “Kawish”, nor name of any other person has come to light in the reports furnished by Mukhtiarkar Taluka Shahdadkot, SHO P.S B-Section Shahdadkot and Assistant Director NADRA Sukkur. The statements of above named legal heirs of both the deceased, appears to be voluntary, without any durees and coercion”.

 

                        It is contended by learned counsel for the appellants that the compromise which is arrived at between the parties is true and genuine. 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 and Diyat” against the appellants. 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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