IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Jail Appeal No.S-15  of  2021

1. For hearing of M.A. No.2302/2023.

2. For hearing of M.A. No.2303/2023.

3. For hearing of Main Case.

Mr. Zafar Ali Malghani, advocate for the appellants.  

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

Legal heirs Sanaullah (CNIC No.43401-0397611-1), Irfan Ali (CNIC No.43401-0398115-9), Naveed Hussain(CNIC No.43401-0407235-3) and Mst. Wazeeran (CNIC No.43401-0582230-4) are present in person.   

Date of hearing      : 10.07.2023.

Date of Order        : 10.07.2023.

O R D E R.

                   Appellants Mohammad Juman son of Mohammad Murad and Javed son of Mohammad Raheem, both by caste Babar, were tried by the learned First Additional Sessions Judge/MCTC, Kamber, in Sessions Case No.265/2013 re-State v. Mohammad Juman & others (Crime No.31/2013, registered at P.S A-Section, kandhkot, for offence under Sections 302, 34, PPC).  After regular trial, vide judgment dated 17.02.2021 the appellants was convicted by the trial Court for offence u/s 302(b) PPC r/w section 34, PPC and sentenced to suffer rigorous imprisonment for life as Tazir; appellants were directed to pay compensation of Rs.10,00,000/- (500,000/) each, to the legal heirs of deceased; in case of default thereof they were ordered to suffer S.I. for 06 months more and the amount of compensation was ordered to recovered from them as per law; the appellants was extended benefit of section 382-B, Cr.P.C. During the pendency of the appeal, parties entered into the compromise and compromise applications were filed, which were sent to the trial Court for holding enquiry regarding the genuineness of the compromise or otherwise.  Report of the trial Court dated 08.07.2023 is received, in which it is mentioned that trial Court held enquiry and came to the conclusion that legal heirs of deceased, namely, Sanaullah(son), Irfan Ali(son), Naveed Hussain(son) and Mst.Wazeeran (widow) have entered into the compromise with the appellants without any pressure and have forgiven them in the name of Almighty Allah without claiming any Qisas, Diyat or any other monetary compensation etc. Publication was also made in the newspaper Daily “Sindh Sujag” Karachi, dated 21.06.2023. 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.

          4.       As per report of the trial Court, deceased died while leaving behind three sons, namely, Sanaullah having CNIC No.43401-0397611-1, Irfan Ali having CNIC No.43401-0398115-9), Naveed Hussain having CNIC No.43401-0407235-3 and Mst. Wazeeran having CNIC No.43401-0582230-4). All the legal heirs are major and they had appeared before the trial Court and recorded no objection for acquittal of the appellants. 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, appellants are acquitted u/s 345(6), Cr.P.C. Appellants shall be released forthwith, if their custody is not required in any other case. 

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

                                                                                                JUDGE

Qazi Tahir PA/*