ORDER SHEET
THE HIGH COURT
OF SINDH AT KARACHI
Criminal Appeal No. 703 of 2019
Confirmation Case No. 39 of 2019
DATE ORDER
WITH SIGNATURE OF JUDGE
Before:
Mr. Justice
Mohammad Karim Khan Agha
Mr. Justice Irshad Ali Shah
1.
For
hearing of main case
2.
For
hearing of M.A.No. 7487/2021
3.
For
hearing of M.A.No. 7488/2021
Appellant: Muhammad
Siddique through Mr. Muhammad Aslam advocate
Respondent: The
State through Mr. Muhammad Iqbal Awan Additional
Prosecutor General Sindh
Complainant: Rasool Bux through Mr. Iqrar advocate
Date of hearing: 30.09.2021
Date of announcement: 04.10.2021
-.-.-.-.-.-.-.
The appellant for an offence punishable under
Section 302(b) PPC for committing murder of Mst. Fouzia, after due trial was convicted and sentenced to death subject to confirmation by this
Court with fine of Rs.300,000/- payable to the legal heirs of the deceased as
compensation and in case of default
whereof to undergo simple imprisonment for six months by learned 1st
Additional Sessions Judge, Karachi East vide judgment dated 24.10.2019, which
is impugned by the appellant by preferring the instant appeal. A reference is
also made by learned trial Court for confirmation of death sentence to the
appellant.
2. During course of hearing of the instant
appeal and reference, the appellant and the complainant party entered into
compromise and then filed such applications, those were assigned to learned
trial Court for inquiry and report.
3. As
per inquiry report, the deceased on death was survived by the following legal
heirs;
i. Rasool Bux Father
ii. Mst. Taj Mai Mother
4. It is reported by learned trial Court
in inquiry report that the legal heirs of the deceased have pardoned the
appellant without any coercion or compulsion for sake of Allah by waiving their
right of Qisas
and Diyat against him.
5. Learned counsel for the appellant has
sought for acquittal of the appellant by way of compromise by contending that
he has been pardoned by the legal heirs of the deceased.
6. Learned Addl. P.G for the state has
recorded no objection to acquittal of the appellant by way of compromise
stating that co-accused Mst. Nazia
Rasool has already been acquitted by learned trial
Court by way of compromise.
7. We have considered the above arguments
and perused the record.
8. The compromise arrived at between the
parties is appearing to be genuine, true and voluntarily. It is not objected by
anyone, it is therefore, accepted in the best interest of peace and brotherhood
to be prevailed between them, consequently, the appellant is acquitted of the
offence punishable u/s 302(b) PPC by way of compromise u/s 345(6) Cr.P.C. He shall be released from the said offence
forthwith, if not required to be detained in any other custody case.
9. The instant appeal and reference are
disposed of accordingly together with listed applications.
JUDGE
JUDGE