JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal No.S-128 of 2019

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.2960/2021 (561-A Cr.PC)

02. For hearing of M.A.No.2958/2020 (345(5) Cr.PC)

03. For hearing of M.A.No.2959/2020 (345(6) Cr.PC)

04. For hearing of main case.

29.11.2021

                        Syed Lal Shah, 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 Akash, by causing him fire-shot injuries, have been convicted and sentenced under section 302(b) r/w Section 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 1^st Additional Sessions Judge/MCTC, Dadu, vide judgment dated 30.11.2019, which has been impugned by the appellants before this Court by preferring the instant criminal appeal from jail.

                        On hearing of their 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 unmarried, it is said was survived by the following legal heirs;

            i.   Aftab Ali,               aged about 51/52  years          (Father)

            ii.  Mst.Rukhsana      aged about 46/47 years             (Mother)

                        As per inquiry report furnished by learned trial Court, 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 under section 302(b) r/w Section 149 PPC by way of compromise under section 345(6) Cr.PC. They shall be released forthwith in the present case, if they are not required to be detained in any other custody case.

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

JUDGE