ORDER SHEET
IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
Cr. Appeal No.71 of 2008
Cr.Jail Appeal No.57/2008
DATE ORDER WITH SIGNATURE OF JUDGE
20.11.2009.
Mr. Aijaz Shaikh Advocate for appellant.
Mr. Shahid Ahmed Shaikh Assistant Prosecutor General Sindh for the State =
In continuation of the order dated 16.10.2009, Muhammad Ishauqe, one of the legal heirs of deceased Mst. Nazan is present and put his signature on the compromise application. He categorically stated that he has patched up with the appellant Ghulam Qadir on his own accord without any pressure and does not claim any compensation and the compromise is voluntarily and he has forgiven the appellant in the name of Almighty Allah. The rest of the legal heirs were in attendance on 16.10.2009 and they have also stated that they have made compromise with the appellant and confirmed the contents of compromise application.
Since the compromise applications were sent to the trial court for inquiry in order to ascertain the genuiness of the compromise as well as contents of applications and vide letter No.682 of 2009 dated 16.10.2009, the trial court has sent its report through Assistant Registrar of this court. The operative part of the same reads as under:-
"It is submitted that in compliance of directions dated 07.07.2009, objections were called from general public through daily Kawish Hyderabad and list of legal heirs was also called from concerned Mukhtiarkar. Thereafter, statements of legal heirs of deceased were recorded before the Court, wherein legal heirs admitted their compromise with appellant/accused Ghulam Qadir, and raised no objection for acquittal of appellant/accused. Legal heirs of deceased also waived their right of Qisas and Diyat. (Original list of legal heirs of deceased, statements of legal heirs and publication are submitted herewith for kind perusal)"
In view of the above, I am of the considered view that the compromise is genuine and voluntarily, therefore, I allow the compromise application and acquit the appellant Ghulam Qaidr u/s 345(6) Cr.P.C, The appellant be released forthwith if not required in any other case.
This Cr. Appeal No.71/2008 alongwith connected Cr. Jail Appeal No.57/2008 stand disposed of in above terms.
JUDGE
A.K