IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT LARKANA

Before:

        Mr. Justice Adnan Iqbal Chaudhry

       Mr. Justice Zulfiqar Ali Sangi

Criminal Jail Appeal No.D-23 of 2020

Criminal Conf. Case No.D-23 of 2020

Appellant:                            Zahid son of Rasool Bux by caste Lashari

Through Mr. Mujahid Ali Jatoi, Advocate

Complainant:                       Manzoor Ali through Mr. Akbar Ali Dahar, Advocate

                                                alongwith legal heirs of the deceased.

The State:                             Through Mr. Ali Anwar Kandhro, Addl.P.G, Sindh

Date of Hearing:                   08.03.2023

Date of Decision:                08.03.2023

JUDGMENT

Zulfiqar Ali Sangi, J;- Through listed Criminal Jail Appeal, appellant
Zahid s/o Rasool Bux Lashari impugns the judgment dated 15.06.2020, delivered by learned 3^rd Additional Sessions Judge/MCTC, Larkana, in Sessions Case No.84/2014 (Re. St. Vs. Muhammad Paryal and others), outcome of FIR bearing Crime No.43/2013 registered with Police Station Hatri Ghulam Shah, for offences punishable under Sections 302, 337-H(2), 148, 149 PPC, whereby he after full dress trial was convicted for an offence punishable Under Section 302 (b) PPC and sentenced to Death with compensation of money equal to Diyat amount, to be paid to legal heirs of the deceased which shall be recovered from accused as arrears of land revenue. Besides this, a Criminal Reference for confirmation of death sentence was also moved by learned trial Court.

2.         The allegation against the present appellant/accused as per FIR lodged by complainant Manzoor Ali are to the effect that on 23.11.2013, at about 02.00 P.M, at the land of Peeral Lashari near Noor Shah graveyard, the present appellant/accused alongwith rest of the culprits, duly armed with deadly weapons, in prosecution of their common object, on instigation of co-accused Pathan, committed Qatl-e-Amd of Sardar Khan @ Badlo Lashari by causing him fire shot injuries and then went away by making aerial firing to create harassment, for that he was booked and challaned in the present case.

3.         During pendency of instant criminal jail appeal, the parties entered into compromise and filed compromise applications in terms of Section 345 (5) & 345 (6) Cr.PC, whereupon the matter was referred to learned Trial Court for enquiry about verification and genuineness of compromise between the parties. Subsequently, learned trial Court after completing all codal formalities and recording statements of all legal heirs of the deceased including that of Mst.Naziran (daughter of deceased whose name was not mentioned in compromise applications), furnished such report dated 07.03.2023 which also affirmed the factum of compromise between the parties to be genuine, voluntarily and without any coercion or compulsion. 

4.         Learned defence counsel submits that the parties have voluntarily entered into compromise on intervention of nekmards of the locality; all the legal heirs of deceased have pardoned the present appellant/accused in the name of “Almighty Allah” without any coercion or compulsion by waiving their right of Qisas and Diyat against him and such compromise admittedly is true and voluntarily. 

5.         Learned Addl.Prosecutor General so also counsel for the complainant and legal heirs of the deceased have recorded no objection on the ground that all legal heirs of the deceased have voluntarily waived the right of Qisas and Diyat and the report of learned Trial Court also conceded to it.

6.         Heard learned counsel for the parties and perused the material available on record.

7.         Since, the compromise arrived at between the parties obviously is appearing to be true and voluntarily, which apparently has been affected by the parties on the intervention of their Nekmards, it is without coercion or compulsion and is not objected by any one. It is, therefore, accepted in the best interest of the peace and brotherhood to be prevailed between the parties, granting them permission to compound the offence in terms of Section 345 (5) Cr.PC. Consequently, the present appellant is acquitted of the offence for which he was charged, tried and convicted by learned trial Court by way of acceptance of compromise in terms of Section 345 (6) Cr.PC. Office is directed to issue release writ, directing the concerned jail authority to release the present appellant forthwith in present case, if he is not required in any other custody case.       The criminal reference for confirmation of death sentence is answered in “Negative”.

8.         The instant criminal jail appeal and criminal reference for confirmation of death sentence are disposed of accordingly.

                                  JUDGE

                 JUDGE.