JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal No.S-81 of 2016.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01.  For hearing of M.A.No.1398/2021 (345(2) Cr.PC).

02.  For hearing of M.A.No.1399/2021 (345(6) Cr.PC).

03.  For hearing of M.A.No.1398/2021 (345(4) Cr.PC).

04.  For hearing of main case.

03.02.2022

 

                        Mr. Akbar Ali Dahar, Advocate for the appellant.

Legal heirs of the deceased in person.

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

 

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IRSHAD ALI SHAH, J;- The appellant for committing murder of Ahmed Bux by causing him fire shot injuries, was convicted under section 302(b) PPC, and was accordingly sentenced to undergo imprisonment for life and to pay compensation of Rs.200,000/- to legal heirs of said deceased and in default whereof to undergo S.I for six months, with benefit of Section    382-B Cr.PC, by learned 3rd Additional Sessions Judge, Larkana, vide judgment dated 23.08.2016, which is impugned by the appellant before this Court by preferring the instant criminal jail appeal.

                        On hearing of 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.

                        The deceased, it is said now is survived by the following legal heirs;

1.     Mst.Sumbul Khatoon  aged about 24 years         (Daughter)

2.     Mst.Komal                      aged about 22 years         (Daughter)

3.     Raja Ali Soomro                        aged about 19 years             (Son)

1.     Baby Kalsoom               aged about 12 years         (Daughter)

 

                        As per inquiry report furnished by learned trial Court, complainant Mst.Pathan Khatoon (widow of the deceased) now has died, 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 heir of the deceased has pardoned the appellant by waiving her right of Qisas against him through her Wali/Brother (Raja Ali), while Diyat money under her share which comes to the tune of Rs.8,53,000/-, the appellant has deposited with the Accountant of this Court.

                        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.

                        Learned Addl.P.G for the State, who is assisted by legal heirs of the deceased has 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 minor in some profitable scheme with National Saving Centre, to be encashed by her with profit, if any, on attaining the age of majority, subject to order of this Court.

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

JUDGE