ORDER SHEET

JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Jail Appeal No.D-11 of 2021.

Crl.Conf.Case No.D-11 of 2021

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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

Mr. Justice Agha Faisal,

01. For orders on M.A.No.620/2022 (U/A).

02. For hearing of M.A.No.4603/2021 (345(5) Cr.PC).

03. For hearing of M.A.No.4604/2021 (345(4) Cr.PC).

04. For hearing of M.A.No.4605/2021 (345(6) Cr.PC).

05. For hearing of main case.

15.02.2022

Mr. Habibullah Ghouri, Advocate for the appellant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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1. Urgency granted.

2 to 5. It is alleged that the appellant with rest of the culprits, in furtherance of their common intention, not only committed murder of Muhammad Khan by causing him fire shot injuries but caused fire shot injuries to PW Muhammad Ali with intention to commit his murder too, for that he was booked and reported upon and after due trial was convicted and sentenced to various terms of imprisonment including death subject to confirmation by this Court, by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 18.03.2021, which is impugned by the appellant before this Court by preferring the instant criminal appeal from jail. A reference is also made by learned trial Court for confirmation of death sentence to the appellant.

During course of hearing, the appellant entered into compromise with complainant Menho, injured/PW Muhammad Ali and legal heirs of the deceased and sought for his acquittal by way of compromise by filing such applications.

The deceased on death was survived by the following legal heirs;

1. Mst.Karima Khatoon aged about 48 years (Wife)

2. Mst.Peerani aged about 18 years (Daughter)

3. Bakhatiar Ali aged about 18 years (Son)

4. Hamzo Ali aged about 10 years (Son)

5. Sitara aged about 07 years (Daughter)

6. Khanzadi aged about 02 years (Daughter)

As per inquiry report furnished by learned trial Court, complainant Menho, PW/Injured Muhammad Ali and 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/mother Mst.Karima Khatoon and such compromise is appearing to be true and voluntarily.

The Diyat money under the share of minor legal heirs of the deceased which comes to Rs.24,86,000/-, 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 which is not opposed by learned D.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 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 criminal reference for confirmation of death sentence is answered in negative.

The instant criminal jail appeal and criminal reference for confirmation of death sentence are disposed of accordingly.

JUDGE