JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal No.D-46 of 2019.

Crl.Conf.Case No.D-19 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For hearing of M.A.No.7238/2021 (345(2) Cr.PC).

02. For hearing of M.A.No.7239/2021 (345(6) Cr.PC).

03. For hearing of M.A.No.7241/2021 (345(2) Cr.PC).

04. For hearing of M.A.No.7242/2021 (345(6) Cr.PC).

05. For hearing of main case.

22.02.2022

                        Mr. Aijaz Ahmed Bhatti, Advocate for the appellant.

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

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IRSHAD ALI SHAH - J;- It is alleged that the appellant with rest of the culprits, in furtherance of their common intention, committed murder of his wife Mst.Zarina, by causing her fire shot injuries, for that he was booked and reported upon accordingly by the police. After due trial, he was found guilty for the above said offence and was convicted under section 302(b) PPC and sentenced to death with fine of rupees Ten Lacs payable to legal heirs of the deceased and in default whereof to undergo S.I for one year, by learned 1^st Additional Sessions Judge, Shahdadkot, vide judgment dated 30.07.2019, 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.

                        On hearing of the instant criminal jail 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. Zuhaib Khan                  aged about 22 years           (Son)

2. Abdul Basit                     aged about 19 years           (Son)

                        As per inquiry report furnished by learned trial Court, the legal heirs of the deceased 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 death sentence not “confirmed”

                        The instant criminal jail appeal and reference for confirmation of death sentence are disposed of accordingly a/w listed applications.                                                                                                

                                                                                                        JUDGE 

JUDGE