ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Jail Appeal No.D-61 of 2019.

Criminal Reference No.D-31 of 2019

Date of hearing

Order with signature of Judge

Before:

Mr.Justice Khadim Hussain M.Shaikh

Mr.Justice Irshad Ali Shah

1. For orders on M.A.No.1494/2020 (U/A).

2. For hearing of M.A.No.611/2020 ( 345(5) Cr.PC).

3. For hearing of M.A.No.612/2020 (345(4) Cr.PC).

4. For hearing of M.A.No.613/2020 (345(6) Cr.PC).

5. For hearing of main case.

08.04.2020

Mr. Habibullah Ghouri, Advocate for the appellant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

Complainant and legal heirs of deceased in person

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Irshad Ali Shah-J, Facts in brief necessary leading to passing of instant order are that the appellant with rest of the culprits, allegedly after having formed an unlawful assembly and in prosecution of their common object, not only committed Qatl-e-Amd of Liaquat Ali, by causing him fire shot injuries but caused fire shot injury to PW Mst.Imam Khatoon with intention to commit her murder too, for that the present case was registered.

On investigation, the appellant was apprehended by the police and reported upon to face trial for the said offence. At trial, the appellant did not plead guilty to the charge and the prosecution to prove it, examined in all nine witnesses including complainant Muhammad Ishaq and then closed the side.

The appellant in his statement recorded u/s.342 Cr.PC denied the prosecution’s allegation by pleading innocence. He examined himself on oath but did not examine anyone in his defense.

On evaluation of evidence so produced by the prosecution, the appellant was found guilty for the above said offence and then was convicted and sentenced to death with fine of rupees Ten Lacs payable to legal heirs of said deceased, by learned 1^st Additional Sessions Judge/MCTC, Shahdadkot, vide his judgment dated 21.09.2019, which is impugned by the appellant before this Court by way of instant appeal. Simultaneously, a reference was also made by learned trial Court in terms of Section 374 Cr.PC for confirmation of death sentence.

During course of hearing of appeal and reference, the appellant after due permission of the Court filed applications for compounding the offence with the complainant party and his acquittal.

Deceased Liaquat Ali as reported by learned trial Court is survived by the following legal heirs;

Sr.No.	Name of legal heir	Relationship with deceased	Age
01.	Siraj Ahmed	Son	09 years
02.	Masood Ahmed	Son	07 years
03.	Saira	Daughter	12 years
04.	Asma	Daughter	10 years
05.	Asia Bibi	Daughter	06 years
06.	Mst.Naz Khatoon	Widow	35 years
07.	Muhammad Wazeer	Father	57 years
08.	Mst.Qazbano	Mother	50 years

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

“In view of above stated position and circumstances, it appears that the legal heirs above named of the deceased Liaquat Ali have voluntarily entered into compromise with the accused persons”.

On inquiry made by this Court, the complainant, adult legal heirs of the deceased and injured PW Mst.Imam Khatoon were fair enough to say that they have compounded the offence with the appellant at the intervention of their Nekmards and they have pardoned him by waiving their right of “Qisas” and “Diyat” against the appellant.

The minor legal heirs of the said deceased were also fair enough to say through their “Wali” Muhammad Wazeer (their grandfather) that they have waived the right of “Qisas” against the appellant while “Diyat” money in their share which comes to Rs.12,57,000/- the appellant is prepared to deposit with the Court.

Whatever is stated by the complainant, legal heirs of the deceased, “Wali” of minors and injured PW Mst.Imam Khatoon find support from their affidavits, which they have already filed before this Court.

It is contended by learned counsel for the appellant that the parties have compounded the offence on intervention of their Nekmards, without fear or favour and it is genuine and voluntarily. By contending so, he sought for acquittal of the appellant by way of compromise.

Learned D.P.G for the State has recorded no objection to the acquittal of the appellant by way of compromise.

We have considered the above arguments and perused the record.

The compromise which is arrived at between the parties is appearing to be true, genuine and voluntarily, which apparently has been effected by the parties at the intervention of their Nekmards, it is without coercion or compulsion, it has not been objected by any one. It is therefore accepted in the best interest of the peace and brotherhood to be prevailed between the parties. Consequently, the appellant is acquitted in terms of compromise under section 345(6) Cr.PC. He shall be released forthwith, if is not required in any other custody case, after payment of “Diyat” money on behalf of minors, as is detailed above.

Office is directed to invest “Diyat” money, if it is deposited, in some profitable scheme as per respective shares of the minors and the same to be encashed by them together with profit, if any, on attaining the age of majority, subject to order of the Court.

The instant criminal appeal and criminal reference are disposed of in above terms together with the listed applications.

J U D G E