IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Jail Appeal No.S-119 of 2013.

1.ForhearingofM.A.No.4834/2020

2.ForhearingofM.A.No. 4835/2020.

3.For hearing of main case.

4. For hearing of MA No. 2124/2014.

28-12-2020.

Mr. Ghulam Mujtaba Sahito advocate for the appellant. Mr. Shafi Muhammad Mahar, D.P.G for the State.

Complainant Ali Dost in person.

~.~.~.~.~.~.~.~.~.~.~

O R D E R.

Irshad Ali Shah-J; It is alleged that appellant with rest of culprits in furtherance of their common intention committed Qatl-a-amd of Ghulam Abbas by causing him fire shot injuries, for that he was booked and reported upon. On trial, he was found guilty for an offence punishable u/s 302 PPC r/w section 34 PPC and was convicted sentenced to undergo imprisonment for life and to pay compensation of rupees fifty thousand to legal heirs of deceased Ghulam Abbas with benefit of section 382-B Cr.P.C by learned Additional Sessions Judge Naushahro Feroze vide his judgment dated 05-12-2013, which is impugned by the appellant before this Court by preferring the instant appeal.

2. During course of hearing of instant appeal, the appellantfiled applicationsfor permission and to compound the offencewith the complainant party and for his acquittal by way of compromise.

3. On enquiry based on report of Mukhtiarkar concerned, it was reported by learned trial Courts that deceased Ghulam Abbas on his death was survived by the following legal heirs;

Sr.No.	Name of legal heir	Relationship with deceased
01.	Naeem Abbas	Son aged about 18 years
02.	Saeed Abbas	Son aged about 18 years.
03.	Mst. Dhiyani	Daughter aged about 22 years
04.	Mst. Nimani	Daughter aged about 20 years
05.	Mst. Sabul	Daughter aged about 19 years
06.	Mst. Chandni	Widow aged about 42 years.

4. Beside complainant, all the legal heirs of the deceased being adult have pardoned the appellant by waiving their right of Qisas and Diyat against him, which is evident of their statements recorded by learned trial Court, on inquiry.

5. Whatever is stated by the complainant and legal heirs of the deceasedfinds support from their affidavits, which they have filed alongwith the instant applications.

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

7. Learned D.P.G for the State who is assisted by the complainant has recorded no objection tothe acquittal of the appellant by way of compromise.

8. I have considered the abovearguments and perused the record.

9. The compromise which is arrived at between the parties is appearing to be trueand voluntarily;it apparently has been affected by the parties on at the intervention of their Nekmards; it is appearing to have been affected without any 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.

10. Consequently, the appellant is acquitted of the offence for which he has been charged, tried and conviction by learned trial Court, in terms of compromise by resorting to provision of section 345(6) Cr.PC.He shall be released forthwith,ifis not required in any other custody case.

11. The instant appeal with the listed application[s] are disposed of accordingly.

JUDGE

Nasim/PA,