ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Criminal Appeal No. S- 41 of 2022

DATE	ORDER WITH SIGNATURE OF JUDGE

1. For Hearing on M.A No.1187/2024 (345 (4)Cr.PC)

2. For Hearing on M.A No.1188/2024 (345(5)Cr.PC)

3. For Hearing on M.A No.1189/2024 (345(6)Cr.PC)

4. For Hearing of main case

5. For hearing of MA No.3830 of 2022. (426)

12.03.2025

            Messrs Safdar Ali G. Bhutto and Mushtaque Ahmed Langah,       Advocates for the appellant.

            Mr. Nazir Ahmed Bhangwar, Dy. Prosecutor General for the State

O R D E R

Khalid Hussain Shahani-J:- The appellants, Saindad alias Heero and Habib alias Mir Mohammad, were convicted through a judgment dated 29.08.2022, passed by the learned Additional Sessions Judge-I/MCTC, Jacobabad, in Sessions Case No.77/2020 (The State v. Saindad @ Heero and others), emanating from FIR No.204/2020 registered at Police Station A-Section Thull, Jacobabad. They were found guilty of the offence punishable u/s 302(b) read with Section 34 PPC and were sentenced to rigorous imprisonment for life as Ta’zir. Additionally, they were directed to pay compensation of Rs.1,000,000/- each to the legal heirs of the deceased, Ali Hassan Jam, in compliance with Section 544-A Cr.P.C, failing which they would undergo simple imprisonment for a further period of two years. The benefit of Section 382-B Cr.P.C. was also extended to them.

2. During the pendency of the appeal, the appellant entered into a compromise with the legal heirs of the deceased. Consequently, applications to this effect were filed and subsequently referred to the learned trial court for an inquiry to ascertain the identity of the legal heirs of the deceased and to determine the genuineness and voluntariness of the compromise between the parties.

3. The learned trial court submitted a report dated 07.05.2024, which is available in the case file. As per the report, during the course of inquiry, verification regarding the legal heirs of the deceased was sought from the relevant Mukhtiarkar, the Station House Officer (SHO), and the National Database and Registration Authority (NADRA). The inquiry proceedings established that the deceased, Ali Hassan, was survived by his widow, Mst. Kareema, and his children, namely Sajida, Salma, Sanam, Reema, and Irum, who are aged 13, 12, 9, 7, and 3½ years respectively, in addition to his sons, Salman and Farman, aged 11 and 5 years respectively, as per Muhammadan Law. The deceased’s parents had already passed away. The report further noted that Mst. Kareema had contracted a second marriage and, as the legal guardian (wali) of the minor heirs, appeared before the trial court, where her statement was recorded. She explicitly stated that she, in her capacity as wali of the minors, had entered into a compromise with the appellants and had received the Diyat amount on behalf of the minors in the form of 20 buffaloes.

4. The widow of the deceased, Mst. Kareema, also appeared before the Court and submitted her affidavit, wherein she affirmed that a compromise had been reached with the appellants. She further stated that she had pardoned the appellants and received the Diyat amount on behalf of the minor legal heirs in the form of 20 buffaloes.

5. The learned Deputy Prosecutor General appearing on behalf of the State raised no objection to the acceptance of the compromise applications.

6. The record has been thoroughly examined and considered.

7. Under the scheme of Criminal Procedure Code, there is no restriction or category provided for any competence or otherwise of  another person entering into a compromise. The offence is compoundable; besides, legal heirs have already received "Diyat” in shape of 20 buffaloes, hence there is no impediment, which may restrain or restrict the parties for entering into compromise. Reliance is placed on cases of The State v. Muhammad Hanif (1992 SCMR 4047) and Khalil-uz-Zaman v. Supreme Appellate Court (PLD 1994 Supreme court 885) and an unreported Judgment passed by this Court in Criminal Appeal No.S-88 of 2024 Hafeezullah Jaffery V. the State, which reads as under:-

                                    Since all the legal heirs of the deceased appeared in Court and have confirmed the contention of compromise applications and stated that they have entered into compromise with the appellant with their own freewill and consent and without any inducement and excused the right of Qisas and Diyat to the appellant in the name of Almighty ALLAH. They have also raised no objection for acquittal of the appellant. The offence is compoundable. There is no objection for grant of compromise and acquittal of the appellant as the legal heirs of deceased have pardoned the right of Qisas & Diyat to the appellant in the name of Almighty ALLAH. Therefore, in order to keep cordial relations and harmony between the parties in future and strike off the enmity between them, the permission to compound the offence is allowed under section 345 [2] Cr.P.C. Resultantly, the impugned judgment is set-aside. The major legal heirs of deceased have waived their right of Diyat, and the appellant was required to pay Diyat share amount of each of the minor legal heirs; however, learned counsel for the appellant preferred an application thereby seeking permission, however, learned counsel for the appellant submits that he has filed statement alongwith affidavit of the complainant and legal heirs as per shares of minors amounting to lump sum amount of Rs.20,00,000/-, for which the relatives of appellant has given five buffalos, each amounting to Rs.400,000/- total amounting to Rs.20,00,000/-; as such he has paid the compensation amount of the share of minors in the shape of five buffalos and after receiving the said buffalos, the complainant has raised no objection and accepted that he has received five buffalos from the relative of the appellant. The statement alongwith affidavit of the complainant is taken on record.

8. Mst. Kareema, the widow of the deceased Ali Hassan, appeared before the Court and unequivocally affirmed that she has received the Diyat amount on behalf of the minor legal heirs in the form of 20 buffaloes. This assertion is corroborated by the report furnished by the learned trial court, which establishes that the compromise between the parties is voluntary, genuine, and free from any coercion or undue influence. As there exists no legal impediment to the acceptance of the compromise, permission to compound the offence is accordingly granted. Consequently, the compromise between the parties is accepted, and as a result, the appellants, Saindad alias Heero and Habib alias Mir Muhammad, both by caste Naseerani, stand acquitted of the charge in terms of the settlement. The appellants, who are presently incarcerated, shall be released forthwith, provided they are not required in any other case.

9. In view of the foregoing discussion, the appeal along with the listed application(s) is hereby disposed of in accordance with the terms set forth above.

JUDGE

S.Ashfaq/PS