JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-53 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For hearing of M.A.No.4079/2020 (345(5) Cr.PC)

02. For hearing of M.A.No.4080/2020 (345(6) Cr.PC)

03. For hearing of main case.

18.11.2021

 

                        Mr. Ahmed Bux Abro, Advocate for the appellants.

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

 

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IRSHAD ALI SHAH, J.- The appellants, for committing murder of Mst.Rasheeda Khatoon, by causing her fire-shot injuries, have been convicted and sentenced under section 302(b) 149 PPC, to undergo rigorous imprisonment for life and to pay compensation of Rs.100,000/- each to legal heirs of the said deceased and in default whereof, to undergo simple imprisonment for six months, by learned 1st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 20.08.2020, which has been impugned by the appellants before this Court by preferring the instant criminal appeal.

                        On hearing of appeal, the appellants entered into compromise with legal heirs of the said deceased and sought for their acquittal by way of compromise by filing such applications.

                        On death, the deceased being issueless, it is said was survived by the following legal heirs;

            i.   Mst.Perozan,        aged about 42 years                 (Mother)

            ii.  Hub Ali                  aged about 51 years                   (Father)

 

                        As per inquiry report furnished by learned trial Court on 13.02.2020, both the legal heirs of the said deceased have pardoned the appellants without any coercion or compulsion by waiving their right of Qisas and Diyat against them and such facts they have already confirmed before this Court by filing their respective affidavits together with compromise applications.

                        Learned counsel for the appellants have sought for acquittal of the appellants by way of compromise by contending that they have been pardoned by the legal heirs of the deceased by waiving their right of Qisas and Diyat against them.

                        Learned Addl.P.G for the State has recorded no objection to acquittal of the appellants 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 appellants are acquitted of the offence punishable u/s 302(b) PPC by way of compromise u/s 345(6) Cr.PC. They shall be released forthwith in the present case.

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

JUDGE