ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-48 of 2021

DATE                          ORDER WITH SIGNATURE OF JUDGE

Before:

Mr. Justice Irshad Ali Shah

01.For orders on M.A.No.5213/2021 (345(5) Cr.PC)

02.For orders on M.A.No.5214/2021 (345 (6) Cr.PC)

03.For hearing of main case.

Date of hearing :    08.11.2021

Date of order     :    08.11.2021

Mr. Ali Nawaz Ghanghro, Advocate for the appellant

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

-*-*-*-*-*-

            The appellant, for committing death of Mst.Subhani with fire-shot was convicted and sentenced under section 302(b) r/w Section 149 PPC, to undergo rigorous imprisonment for life as Tazir and to pay compensation of Rs.100,000/- 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 4^th Additional Sessions Judge, Dadu, vide judgment dated 30.06.2021, which was impugned by the appellant before this Court by preferring the instant criminal appeal.

                        During pendency of his 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, the deceased being unmarried as is reported by Mukhtiarkar (Revenue), Taluka Mehar, the deceased was survived by the following legal heirs;

            i.   Mst.Sabhiya, aged about 63 years       (Mother)

            ii.  Adho, aged about 61 years                      (Father)

                        As per inquiry report furnished by learned trial Court, both the legal heirs of the deceased together with their sons/daughters 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 before this Court by filing their respective affidavits 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 the present case.

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

JUDGE