IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Jail Appeal No. S-21 of 2023
Appellants: Ghulam Hussain Mangnejo & 02 others,
Through Mr. Habibullah G. Ghouri, Advocate.
The State: Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General.
Legal Heirs: Mushtaque Ahmed, father, Mst. Shamshad Begum, mother of the deceased, injured PW Bakhat Ali and complainant Oshaque Ali Gopang, present in person.
Date of Hearing : 13.09.2024
Date of Judgment : 13.09.2024
JUDGMENT
Khadim Hussain Soomro, J.-Through this Judgment, I intend to decide the instant Criminal Jail Appeal filed by Appellants Ghulam Hussain, son of Ghulam Hyder, Shamim and Sajjad, both sons of Akhtar, all by caste Mangnejo, as they were convicted and sentenced vide Judgment dated 15.06.2023, passed by learned Additional Sessions Judge, Ratodero, in Sessions Case No.56/2021 (Re-The State through complainant Oshaque Ali v/s Suhbat Ali & others), arising out of Crime No.62 of 2020, registered with Police Station Naudero, District Larkana, for offence under sections 302, 324, 337-H(ii), 148, 149, 504, 114, PPC, whereby the appellants after full dressed trial were convicted by the trial Court and sentenced as under:-
(A) For an offence under section 148, 149, PPC with rigorous imprisonment for 03 years;
(B) For an offence under section 324, PPC with rigorous imprisonment for 10 years;
(C) Accused Ghulam Hussain and Sajjad were convicted for an offence under section 302(b), PPC and sentenced to undergo Imprisonment for Life and to pay Rs.500,000/- as compensation to the legal heirs of deceased Ghulam Sarwar in terms of Section 544-A, Cr.P.C, in default whereof to undergo simple imprisonment for 06 months more.
The benefit of section 382-B, Cr.P.C. was extended to the appellants.
2. During the pendency of this appeal, the parties have entered into compromise and have filed compromise applications under sections 345(5)& 345(6), Cr.P.C and the matter was sent to the learned trial Court for enquiry about verification and genuineness or otherwise of compromise between the parties. The learned trial Court after obtaining reports from SHO PS Naudero, Secretary UC-08 Saidu-Dero, Taluka Ratodero, Mukhtiarkar, Revenue, Taluka Ratodero and Assistant Director (NRC) Ratodero Nadra, as well as publication in the newspaper and completing all other codal formalities and recording statements of the legal heirs of the deceased has furnished its report vide letter dated 10.09.2024, which on perusal reveals that compromise between the parties is genuine, voluntary and without any coercion and compulsion. The learned trial Court has given the details of legal heirs, which shows that on notice, legal heirs, namely, Mushtaque Ali Gopang(father), Oshaque Ali Gopang(brother), Mst. Shamshad Begum(mother) and injured PW Bakhat Ali appeared and recorded their statements to the effect that they had entered into a compromise with accused Ghulam Hussain, Sajjad and Shamim on the intervention of Nekmards on Holy Quran and they had pardoned the accused in the name of Almighty Allah, without any compensation and Qisas etc.
3. Learned counsel for the appellants/accused submits that the parties have voluntarily entered into a compromise on the intervention of nekmards of the locality; the legal heirs have forgiven the appellants/accused in the name of Almighty Allah and have also waived their right of Qisas and Diyat. He further submits that the legal heirs of the deceased have forgiven the appellants/accused in the name of Almighty Allah without claim of Badl-e-Sulhor any monetary compensation, etc.
4. Learned Deputy Prosecutor General has recorded his no objection on the ground that the legal heirs of the deceased have voluntarily forgiven the appellants, they have waived their right of Qisas and Diyat and that the offence is compoundable under the law.
5. Heard learned counsel for the respective parties and perused the material available on record.
6. The legal heirs have also filed their affidavits before this Court in support of compromise applications, raising no objection in case the appellants are acquitted in terms of compromise. At this juncture, I rely upon the cases reported as Bashir Ahmed v. The State (PLD 1995 Karachi-5) and Sartaj Ahmed and others v. Mushtaq Ahmed and others (2006 SCMR 1916).
7. In view of the above, the application under section 345(5), Cr.P.C is allowed and permission is accorded to the parties to compound the offence; resultantly, the application under section 354(6), Cr.P.C. is also allowed and appellants Ghulam Hussain son of Ghulam Hyder, Shamim and Sajjad, both sons of Akhtar, all by caste Mangnejo, are acquitted of the charge by way of compromise. They shall be released forthwith, if not required to be detained in any other criminal case.
8. Instant Criminal Jail Appeal is disposed of in the above terms.
JUDGE
Qazi Tahir PA/*