IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No.S-47  of  2020

1. For orders on office objection.

2. For hearing of M.A. No.1776/2022.

3. For hearing of M.A. No.1777/2022.

4. For hearing of Main Case.

Miss Ghulam Khadija Bhatti, advocate for the appellant.  

Mr. Ali Anwar Kandhro, Addl. P.G.

Mr. Riaz Hussain Khoso holds brief on behalf of Mr. Athar Abbas Solangi, advocate for the complainant.   

Date of hearing      : 08.09.2022.

Date of Order        : 08.09.2022.

O R D E R.

                   Appellant Khadim Hussain son of Abdullah, by caste Qambrani Chandio was tried by the learned Additional Sessions       Judge-I(MCTC), Dadu in Sessions Case No.245/2014 re-State v. Khadim Hussain Chandio & others (Crime No.262/2013, registered at P.S Mehar, for offences under Sections 302, 504, 114, 34, PPC).  After regular trial, vide judgment dated 13.05.2019 the appellant was convicted by the trial Court for offence u/s 302(b) PPC r/w section 114, 34, PPC and sentenced to suffer rigorous imprisonment for life as Tazir; appellant was directed to pay compensation of Rs.100,000/- (Rupees one lac) to the legal heirs of deceased; in case of default thereof he was ordered to suffer S.I. for 06 months; appellant was extended benefit of section 382-B, Cr.P.C.  Case of absconding co-accused Barkat and Ahmed Khan was kept on dormant file.  Appeal was filed by the appellant and it was admitted for regular hearing vide order dated 22.06.2020.  During the pendency of the appeal, parties entered into the compromise and compromise application was filed. Thereafter, compromise application was sent to the trial Court for holding enquiry regarding the genuineness of the compromise or otherwise.  Report of the trial Court dated 16.07.2022 is received, in which it is mentioned that trial Court held enquiry and came to the conclusion that legal heirs of deceased have entered into the compromise with the appellant without any pressure and have forgiven him in the name of Almighty Allah without claiming any compensation etc. Report of the trial Court is available on the record. 

          2.       Learned Addl. P.G. recorded no objection.

          3.       The offence under section 302, PPC has three parts. Under section 302(a) an accused can be punished with death as Qisas; under section 302(b) with death or imprisonment for life as Tazir having regard to the facts and circumstances of the case if the proof specified in section 304 of the P.P.C. is not available and under section 302(c) with imprisonment of either description up to 25 years where according to the Injunctions of Islam the punishment of Qisas is not applicable. By virtue of the provisions of section 345(2) of the Cr.P.C. the offence under section 302 of the P.P.C. has been made compoundable by the heirs of the victim subject to permission of the Court. Before allowing composition of the offence the Court is duty bound to ascertain whether the compromise is genuine and made by the legal heirs of the deceased with their own free-will and whether the acquittal of the convict will be in the interest of the parties and the society. Once the above conditions are satisfied and the Court permits composition of the offence the convict has to be acquitted by virtue of the provision of subsection (6) of section 345 of the Cr.P.C. which is reproduced below for ready reference:-

“The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.”

          3.       As per report of the trial Court, deceased died while leaving behind brother Ghulamullah, sister Mst. Ameeran Khatoon and wife Mst. Durnaz. All the legal heirs are major and they had appeared before the trial Court and recorded no objection for acquittal of the appellant. For better relations between the parties, permission to enter into the compromise is allowed, as the offence is compoundable. Therefore, compromise application is allowed. In the result of the compromise, appellant is acquitted u/s 345(6), Cr.P.C. Appellant shall be released forthwith, if his custody is not required in any other case. 

                   Appeal is disposed of in the above terms along with pending applications.

                                                                                                JUDGE

Qazi Tahir PA/*