ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 354 of 2022

(Ameer Bux vs. The State)

Date of hearing

Order with signature of Judge

1. For hearing of case

2. For hearing of M.A.No. 8422/2022

3. For hearing of M.A.No. 8423/2022

17.08.2022

M/s. Shoukat Ali Memon and Asadullah Memon advocates for the appellant

Mr. Siraj Ali Khan Addl. P.G

-.-.-.-.-.-.

Irshad Ali Shah, J.- It is alleged that appellant way of rash and negligent driving of a bus committed death of Imtiaz Alam Malik for that he was booked and reported upon. After due trial, he for an offence punishable under Section 320 PPC was convicted and sentenced to pay Diyat to the legal heirs of deceased and in default whereof to undergo simple imprisonment till realization of Diyat money and for offence punishable under Section 279 PPC was convicted and sentenced to undergo R.I for 02 years and to pay fine of Rs.10,000/- and in default whereof to undergo S.I for one month by learned XI-Additional Sessions Judge, Karachi South vide judgment dated 24.05.2022, which is impugned by the appellant before this Court by preferring the instant appeal and during course of its hearing, he entered into compromise with the legal heirs of said deceased and filed such applications.

2. As reported by SIP Bashir Hussain Shah of PS Frere South Zone, Karachi, that Mukhtiar Ahmed being father, Mst. Mehrunnisa being mother, Mst. Sajda Khatoon being sister, Mst. Tahirun Nisa being sister and Zafar Alam being brother of the deceased have already died, while his wife Mst. Rozi was divorced by him somewhat 17/18 years back.

3. On inquiry, it was reported by learned trial Court that deceased now is survived legally by following legal heirs;

01. Mrs. Shaheena Khatoon sister

02. Mrs. Mujhahida Khatoon sister

03. Mrs. Najmee Perveen sister

04. Mrs. Nadia Parveen sister

4. All the said legal heirs of the deceased being adult during course of inquiry before learned trial Court and before this Court by way of filing their respective affidavits have stated that they have pardoned the appellant by forgiving their right of qisas and diyat against him and they would be having no objection, if he is acquitted.

5. 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.

6. Heard arguments and perused record.

7. The compromise arrived at between the parties is appearing to be true, genuine and voluntarily; it apparently has been affected by the parties at the intervention of their Nekmards, it has not been objected by any one, therefore, it could not be defeated only for the reason that one of the minor ancillary penal section (279 PPC) is not compoundable as has been held by the Division Bench of this Court in case of Hussain Bux and others vs. The State (PLD 2003 Karachi 127). 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 for which he was charged, tried and convicted by learned trial Court by way of impugned judgment, in terms of compromise by resorting to provision of section 345(6) Cr.PC and he shall be released, if not required to be detained in any other custody case.

8. The instant appeal is disposed of accordingly together with the listed applications.

J U D G E