ORDER SHEET

JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Jail Appeal No.D-26 of 2020.

Crl. Reference No.D-26 of 2020

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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

Mr. Justice Shamsuddin Abbasi,

01. For orders on office objection “A”.

02. For orders on M.A.No.4523/2020 (561-A Cr.PC)

03. For hearing of M.A.No.3192/2020 (426 Cr.PC)

04. For hearing of M.A.No.2803/2021 (345(5) Cr.PC)

05. For hearing of M.A.No.2804/2021 (345(6) Cr.PC)

06. For hearing of M.A.No.2805/2021 (345(2) Cr.PC)

07. For hearing of main case.

17.11.2021

Mr. Habibullah Ghouri, Advocate for the appellant.

Mr. Rafique Ahmed K.Abro, Advocate for complainant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J;- Appellant Muhammad Azeem, for committing murder of Khadim Hussain by causing him fire-shot, was convicted and sentenced to death under section 302(b) PPC, with fine of Rs.10,00,000/- payable to legal heirs of the said deceased as compensation recoverable as land revenue, by learned 3^rd Additional Sessions Judge/MCTC, Larkana, vide judgment dated 14.07.2020, which has been impugned by the appellant before this Court by preferring the instant criminal appeal from jail and a reference is also made by learned trial Court for confirmation of death sentence to the appellant.

On hearing of appeal and reference, 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, it is was survived by the following legal heirs;

1. Achar Khan aged about 68 years (Father)

2. Mst.Shamshad Khatoon aged about 29 years (Wife)

3. Dilawar aged about 07 years (Son)

4. Baji Khan aged about 05 years (Son)

As per inquiry report furnished by learned trial Court, the adult legal heirs of the deceased have pardoned the appellant without any coercion or compulsion by waiving their right of Qisas and Diyat against him, while the minor legal heirs of the deceased have pardoned the appellant by waiving their right of Qisas against him through their Wali (Mst.Shamshad Khatoon), while Diyat money under their shares which comes to the tune of Rs.30,20,000/-, the appellant has deposited with the Accountant of this Court, such fact is also confirmed through affidavits, which are filed 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 and he has deposited the Diyat money under the share of minor legal heirs of the deceased with the Accountant of this Court.

Learned Addl.P.G for the State and learned counsel for the complainant have recorded no objection to acquittal of the appellant by way of compromise.

We 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 Accountant of this Court is directed to invest the Diyat money under share of minors in some profitable scheme with National Saving Centre, to be encashed by them, with profit, if any, on attaining the age of majority, subject to order of this Court.

The instant criminal jail appeal and reference are disposed of accordingly together with listed applications.

JUDGE