IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

 

Criminal Jail Appeal No. S-98 of 2018

 

 

 

Appellant                      Allah Dino Phulpoto,

Through Mr. Ahmed Wadho,

Advocate

 

 

Complainant                 Hafiz-u-Rehman

(In person)

 

 

The State:                      Through Mr. Muhammad Noonari,

                   D.P.G for the State.

 

 

Date of hearing:             01-03-2021

 

Date of decision:           01-03-2021

 

 

 

O R D E R

 

 

Zulfiqar Ali Sangi, J.Through his criminal appeal, the appellant Allah Dino Phulpoto has impugned the judgment dated 07.11.2018, passed by II-Additional Sessions Judge, Larkana in Sessions Case No. 145/2013, emanating from Crime No. 17/2013, re: State Versus Allah Dino Phulpoto, registered at Police Station Badeh, under Sections 302 P.P.C, whereby the appellant/accused was convicted and sentenced to imprisonment for life as Tazir and was also directed to pay Rs.1,00,000/- as compensation U/S 544-A Cr.P.C and in default of payment or recovery thereof, accused Allah Dino shall undergo imprisonment for six months more. Accused was also extended benefit of Section 382-B Cr.P.C for the period of which he remained as under trial prisoner.

 

2.                During pendency of this appeal, the parties filed applications under Section 345(2) Cr.P.C and 345(6) Cr.P.C for permission to compound the offence as well as for acceptance of compromise.

 

3.                The compromise applications were sent to learned trial court i.e II-Additional Sessions Judge, Larkana for enquiry as to the legal heirs of the deceased as well as genuineness or otherwise of compromise between the parties vide order dated 18.12.2020.

 

4.                 In compliance of order dated 18.12.2020, II-Additional Sessions Judge, Larkana,after completing all the required legal formalities submitted his report dated 12.01.2021.The trial court in order to ascertain the legal heirs of deceased, called the reports from Mukhtiarkar (Revenue), Dokri, S.H.O P.S. Badeh as well as NADRA. During the process of said inquiry no any person appeared before the trial court to file objections in respect of names of legal heirs of Mst. Irshad Khatoon. Notice was also got published in daily "Kawish", Hyderabad dated 11.01.2020 in this regard.

5.                 Learned counsel for the appellant contended that all the legal heirs of the deceased are major and they have waived their right of "Qisas" and "Diyat" and have excused the appellant with their free-will and consent without any inducement or pressure and compromise arrived at between the parties, is genuine. He has prayed for acquittal of the appellant/accused.

 

6.                 Learned Deputy Prosecutor General for the State and complainant have raised no objection to the compromise applications of the appellants, in view of the report submitted by II-Additional Sessions Judge, Larkana, which in their view meets all necessary legal requirements in order to give effect to the compromise agreement.

 

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

 8.               Today following legal heirs of the deceased Mst. Irshad Khatoon appeared before this court.

 

1

Hafeez-ul-Rehman

Son

2

Sahib Dino

Husband

3

Suhail Ahmed

Son

4

Tufail Ahmed

Son

5

Fozia Khatoon

Daughter

6

Shaista Parveen

Daughter

7

Gulshad Khatoon

Daughter

8

Shazia

Daughter

 

9.                They submitted that they forgiven the accused Allah Dino Phulpoto in the name of Almight Allah by waiving their right of "Qisas" and "Diyat" and have no objection if the compromise be accepted.

 

10.              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 waived off right of "Qisas" and "Diyat" against present accused and they have no objection if the appellant/accused Allah Dino Phulpoto be acquitted.

 

11.              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 appellants/accused and the offence for which the appellant was tried and convicted is compoundable. The compromise arrived between the parties on the very face of it appears to be genuine and true, without any due inducement or pressure.

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

 

13.              Keeping in view of the above facts the compromise arrived between the parties is hereby accepted. Consequently, appellant Allah Dino s/o Ali Mohammad Phulpoto is hereby acquitted under Section 345(6) Cr.P.C in Sessions Case No. 145/2013, FIR No. 17/2013, under Section 302 PPC of police station P.S. Badeh. The appellants be released forthwith if not required in any other custody case.

 

14.               In above terms, the Criminal Appeal stand disposed of. 

 

                                                                                      JUDGE