ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Jail Appeal No.S-34 of 2021

DATE                          ORDER WITH SIGNATURE OF JUDGE

Before:

Mr. Justice Irshad Ali Shah

01.For orders on M.A.No.6056/2021 (U/A)

02.For hearing of M.A.No.4936/2021 (345(5) Cr.PC)

03.For hearing of M.A.No.4937/2021 (345 (6) Cr.PC)

04.For hearing of M.A.No.3307/2021 (426 Cr.PC)

05.For hearing of main case.

Date of hearing :    04.11.2021

Date of order     :    04.11.2021

Mr. Habibullah Ghouri, Advocate for the appellant

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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            The facts in brief leading to passing of the instant order are that the appellant allegedly with rest of the culprits in furtherance of their common intention, committed murder of Sallahi alias Muhammad Sallah by caste Muhammadani, by causing him fire shot injuries and then went away by making aerial firing to create harassment, for that he was booked and reported upon by the police.

            After due trial, the appellant was convicted and sentenced under section 302(b) PPC, to undergo rigorous imprisonment for life and to pay fine of Rs.200,000/- as compensation to legal heirs of the said deceased and in case of default whereof, to undergo simple imprisonment for six months with benefit of Section 382(b) Cr.PC by learned 1^st Addition Sessions Judge/MCTC, Kandhkot vide judgment dated 03.06.2021, which is impugned by the appellant before this Court by preferring the instant criminal appeal from jail.

                        During pendency of instant criminal jail appeal, the appellant entered into compromise with legal heirs of the deceased and sought for his acquittal by way of compromise by filing such applications.

                        On death, as is reported by Mukhtiarkar (Revenue), Taluka Kandhkot, the deceased was survived by the following legal heirs;

            i.   Akhtiar Ali, aged 40 years                       (Son)

            ii.  Shahzadi, aged 37 years                     (Daughter)

            iii. Mukhtiar Ahmed, aged 35 years           (Son)

                        As per inquiry report furnished by learned trial Court, all the legal heirs of the deceased being adult have pardoned the appellant without any coercion or compulsion by waiving their right of Qisas and Diyat against him and such facts they have already confirmed by filing their respective affidavits before this Court together with compromise applications.

                        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 by waiving their right of Qisas and Diyat against him.

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

                        I have considered the above arguments and perused the record.

                        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.PC. He shall be released forthwith in present case.

                        The instant criminal jail appeal is disposed of accordingly together with listed applications.

JUDGE