IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No. S-83 of 2017

Appellant:                     Rafique Ahmed son of Abdul Rehman @ Mithal, Through Mr. Ahsan Ahmed Qureshi,Advocate.

The State:                      Through Mr. Muhammad Noonari,

D.P.G.

Date of hearing:            19-02-2021& 22-02-2021.

Date of decision:           22-02-2021

J U D G M E N T

ZULFIQAR ALI SANGI, J.Through instant criminal appeal, the appellant Rafique Ahmed, has assailed the judgment dated 09.09.2017, passed by the learned 1^stAdditional Sessions Judge, Mehar in Sessions Case No.860/2009, (re: State V/s Rafeeq Ahmed Peerzado) culminated from Crime No.122/2009 of Police Station Faridabad, for offence under Sections 302,34 P.P.C, whereby the trial court has convicted the appellant for the offence U/S 302(b) P.P.C and sentenced him U/s 265-H(ii) Cr.P.C and sentenced him to life imprisonment for the commission of murder of deceased Mst. Bakhtawar, however, benefit of section 382-B Cr.P.C was extended to the accused.

2.       During pendency of the appeal, the appellant filed applications U/S 345(2) Cr.P.C, 345(4) Cr.P.C and 345(6) Cr.P.C along with affidavits of the legal heirs of the deceased. Vide order dated 04.01.2019, this court sent these applications to the trial court to hold fresh inquiry with regard to the genuineness of the compromise arrived at between the parties and submit its report. The report from trial court dated 27.02.2019 has been received. The trial court in order to ascertain the legal heirs of deceased, called the reports from Mukhtiarkar (Revenue), Mehar and the S.H.O Police Station Faridabad and Secretary, Union Council Faridabad. During the process of said inquiry no any person appeared beforethe trial court to file objections in respect of names of legal heirs of Mst. Bakhtawar. Notice was also got published in daily "Kawish", Hyderabad dated 12.02.2019 in this regard.

3. Learned counsel for the appellant contendedthat all the legal heirs of the deceased have patched up with the appellant on the Holly Quran and under the the intervention of nek mards and elders of family as such all the legal heirs have not claimed any Diyat, Qisas and compensation etc; because they have pardoned the appellant in the name of Almighty Allah. He has therefore, prayed for acceptance of the compromise and for acquittal of the accused.

4. Learned Deputy Prosecutor General for the State has raised no objection to the compromise applications of the appellants, in view of the report submitted by trial court. According to him the report meets all necessary legal requirements in order to give effect to the compromise agreement.

5.       I have heard the learned counsel for the appellant and learned D.P.G for the State and have perused the record with their able assistance.

6.       On 03.12.2020 legal heirs Abdul Hakeem, Ali Bux, Mst. Hajran, Mst. Shama, Mst. Rehmant and Mst. Kulsoom appeared before this court. They submitted that they have compounded the offence with the accused without any pressure and they have no objection, if, the compromise be accepted.

7.       Record reflects that Trial Court has also recorded the statements of major legal heirs, who stated in their statements that they have entered into compromise with present accused and have pardoned and forgiven him in the name of Almighty Allah with their sweet and free will without any pressure, compulsion, coercion and promise. They have no objection, if, the appellant/accused is acquitted.

8.       As regards to the minor legal heirs, it is observed that the deceased was unmarried, therefore, only her parents are the legal heirs to compound the offence in view of the cases reported as Bashir Ahmad versus The State(PLJ 1995 Cr.C (Karachi)-40)and Sartaj and others versus Mushtaq Ahmed and others(2006 SCMR 1916).

9.       After considering all aspects of the case, I am of the view that the legal heirs of the deceased are competent to compound/compromise the offence with the appellant/accused. The compromise arrived between the parties on the very face of it appears to be genuine and true, without any due inducement or pressure.

10. Considering genuineness of the compromise, I feel no hesitation to accept the same as the offence punishable under Section 302 PPC against the appellant is compoundable.

11.     Keeping in view of the above facts, the compromise arrived between the parties is hereby accepted. Consequently, appellant Rafiq Ahmed Peerzado is hereby acquitted under Section 345(6) Cr.P.C in Sessions Case No.860/2009, arising out of FIR No.122/2090, under Sections 302,34PPC of police station Faridabad. The appellant be released forthwith, if, not required in any other custody case.

12. In above terms, the Criminal Appealstand disposed of.

JUDGE

S.Ashfaq/-