ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Criminal Jail Appeal No.S-32 of 2020.

Date of hearing

Order with signature of Judge

1. For orders on M.A.No.2504/2021.

2. For hearing of MA No. 419/2021.

3. For hearing of MA No. 420/2021.

4. For hearing of main case.

5. For hearing of MA No. 3976/2020.

6. For Orders on MA No. 8063/2020.

O R D E R.

24-05-2021.

Mr. Muhammad Bux Maitlo, Advocate for the appellants.

Mr.Saeed Jamal Lund, advocate for the complainant.

Mr. Zulfiquar Ali Jatoi, A.P.G for the State.

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IRSHAD ALI SHAH, J; It is alleged that the appellants with respect of culprits after having formed an unlawful assembly in prosecution of their common object committed murder of Sakhi Bux by causing him fire shot injuries and then went away by making fires in air in order to create harassment, for that they were booked and reported upon.

2. On due trial, they for an offence punishable u/s 302 r/w 149 PPC were convicted and sentenced to undergo imprisonment for life and to pay compensation of Rs. Three lacs each to the legal heirs of said deceased or in default whereof to undergo simple imprisonment for six months with benefit of section 382-B Cr.P.C by learned 3^rd Additional Sessions Judge/(MCTC-II) Sukkur vide his judgment dated 21-02-2020, which is impugned by the appellants before this Court by preferring instant Crl. Jail Appeal.

3. During course of hearing of the instant Crl. Jail Appeal, the appellants filed an application for compounding the offence with the complainant party, it was signed/consented by the complainant and legal heirs of the said deceased.

4. Deceased Sakhi Bux on his death as reported by SHO PS Kandhra and Mukhtiarkar Taluka Khairur, was survived by the following legal heirs;

Sr.No.	Name of legal heir	Relationship with deceased
01.	Aalia Khatoon	Wife aged about 65 years
02.	Mst. Nasreen	Daughter aged about 29 years
03.	Zahid Hussain	Son aged about 27 years
04.	Shahid Ali	Son aged about 25 years
05.	Akber Khan	Son aged about 12 years.

5. On inquiry, complainant Ranjhan and the adult legal heirs of the said deceased were fair enough to say that they have waived their right of Qisas and Diyat against the appellants and they would be having no objection, if they are acquitted.

6. It is stated by Mst. Aalia Khatoon being “Wali” of Akber Khan that she has also waived the right of “Qisas” against the appellants on behalf of minor Akber Khan. However, “Diyat” money worth Rs. 6,94,338/- under his share has already been deposited by the appellants with Accountant of this Court.

7. It is contended by learned counsel for the appellants that the compromise which is arrived at between the parties is true and genuine. By contending so, he sought for acquittal of the appellants by way of compromise.

8. Learned A.P.G for the State and learned counsel for the complainant have recorded no objection to the acquittal of the appellants by way of compromise.

9. I have considered the above arguments and perused the record.

10. The compromise which is arrived at between the parties is appearing to be true and genuine, which apparently has been effected by them without coercion or compulsion, it has not been objected by anyone, therefore, it is accepted in the best interest of peace and brotherhood, which is expected to be prevailed between them. Consequently, the appellants are acquitted of the offence for which they were charged, tried and convicted by learned trial Court, they shall be released forthwith, if are not required in any other custody case.

11. The amount/Diyat money under share of minor Akber Khan deposited with the accountant of this Court to be invested by in some profitable scheme with National saving Center to be en-cashed by the minor on attaining the majority subject to order of this Court.

12. The instant criminal Jail Appeal is disposed of accordingly together with listed applications.

JUDGE

Nasim/P.A