ORDER SHEET
THE HIGH COURT
OF SINDH AT KARACHI
Special Criminal Anti-Terrorism Jail Appeal No. 147 of 2018
DATE ORDER
WITH SIGNATURE OF JUDGE
Before:
Mr. Justice
Mohammad Karim Khan Agha
Mr. Justice
Irshad Ali Shah
1.
For orders
on compromise report
2.
For
order on M.A.No. 5231/2021
3.
For
order on M.A.No. 5232/2021
4.
For
order on M.A.No. 3916/2018
5.
For
hearing of main case
Date of hearing: 27.09.2021
Date of announcement: 29.09.2021
Mr. Anwar Ali Shah
advocate for the appellant
Mr. Muhammad Iqbal Awan
Addl. P.G.
-.-.-.-.-.-.
The facts in brief necessary for passing the
instant order are that the appellant committed murder of his wife Mst. Reehana
Khatoon by setting her on fire by pouring Kerosene oil over her, for that he
was booked and reported upon by the police. After trial, the appellant for an
offence punishable under Section 7(i)(a) of ATA 1997 read with Section 302 PPC
was convicted and sentenced to undergo rigorous imprisonment for life and to
pay fine of Rs.100,000/- to the legal heirs of the said deceased as
compensation and in case of default in payment of fine, to undergo simple
imprisonment for one year with benefit of section 382(b) Cr.P.C by learned Judge,
ATC No. XIV, Karachi vide judgment dated 30.11.2017, which is impugned by the
appellant by preferring the instant appeal.
2. Vide order dated 29.04.2021 passed by
this Court, the appellant was acquitted for an offence punishable under Section
7(i)(a) of ATA 1997 and with this acquittal he became able to have a compromise
with the legal heirs of the deceased for an offence punishable under Section
302(b) PPC, which he did by filing the listed applications.
3. On death, as reported the deceased was
survived by the following legal heirs;
i.
Tabraiz Ali s/o Azad Ali son
ii. Taha Ali son of Azad Ali son
iii. Zahir Ali son of Azad Ali son
iv. Shamir Ali son of Azad Ali son
v. Muhrukh Azad d/o Azad Ali daughter
vi. Mahnoor Azad d/o Azad Ali daughter
4. As per inquiry report furnished by
learned trial Judge, all the legal heirs of the deceased being adult have
pardoned the appellant without any coercion or compulsion by waiving their
right of Qisas and Diyat against him.
5. 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.
6. Learned Addl. P.G for the state has
recorded no objection to acquittal of the appellant by way of compromise.
7. We have considered the above arguments
and perused the record.
8. The parties are closely related to each
other, 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 the
parties, consequently, the appellant is acquitted of the offence punishable u/s
302(b) PPC by way of compromise u/s 345(6) Cr.P.C. He shall be released from
the said offence forthwith, if not required to be detained in any other custody
case.
9. The instant appeal is disposed of
accordingly together with listed applications.
JUDGE
JUDGE