JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.S-24 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection.

01. For hearing of M.A.No.5209/2021 (345(5) Cr.PC).

02. For hearing of M.A.No.5210/2021 (345(6) Cr.PC).

03. For hearing of M.A.No.1297/2021 (426 Cr.PC).

04. For hearing of main case.

17.02.2022

                        Mr. Muhammad Aslam Jatoi, Advocate for the appellant.

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

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IRSHAD ALI SHAH - J;- The appellant for committing murder of Mst.Seema by causing her fire shot injuries was convicted under section 302(b) PPC and sentenced to undergo imprisonment for life with compensation of rupees three Lacs payable to legal heirs of the deceased and in default whereof to undergo S.I for six months, with benefit of Section 382(b) Cr.PC, by learned 4^th Additional Sessions Judge, Dadu/General Based Violence Court, vide judgment dated 25.02.2020, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

                        On hearing of the instant criminal 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 on death legally was survived by the following legal heirs;

1. Ghulam Abbas              aged about 50 years           (Father)

2. Mst.Malookan              aged about 48 years          (Mother)

3. Liaquat Ali                      aged about 33 years         (Husband)

                        As per inquiry report furnished by learned trial Court, the legal heirs of the deceased being father, mother and husband have pardoned the appellant without any coercion or compulsion by waiving their right of Qisas and Diyat against him and such compromise is appearing to be true and voluntarily.

                        Learned counsel for the appellant has sought for acquittal of the appellant by way of compromise which is not opposed by learned Addl.P.G for the State.

                        Heard 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 for which he has been charged, tried and convicted by learned trial Court 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