IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Cr. Appeal No. S-52 of 2022

 

Appellants

 

Ayaz @ Sanaullah, Saeed, Arbab @ Nachoo, Suhrab and Haji Anwar

 

 

Through Mr. Rafiq Ahmed K. Abro, advocate

 

 

 

Complainant

 

Mukhtiar Ali Agani,

 

 

 

The State

 

Through Mr. Aitbar Ali Bullo, D.P.G for the State

 

Date of hearing

 

24-03-2025

Date of order

 

24-03-2025

 

O R D E R

 

SHAMSUDDIN ABBASI, J.- Through instant criminal jail appeal, the appellants Ayaz @ Sanaullah, Saeed, Arbab @ Nachoo, Suhrab Ali and Haji Anwar have impugned the judgment dated 22.09.2022, passed by learned Additional Sessions Judge, Ratodero in Sessions Case No. 416/2011. After full dressed trial, the appellants were convicted and sentenced for life imprisonment with fine amount of Rs.200,000/- each to be paid as a compensation to legal heirs of deceased in compliance of Section 544-A Cr.P.C, in case of failure, the appellants shall suffer S.I for 6 months more. The appellants were also convicted for offence U/S 148, 149 P.P.C and sentenced to suffer R.I for 3 years with fine amount of Rs.200,000/- each payable to legal heirs in compliance of section 544 Cr.P.C, in case of default the appellants shall remain in jail for six months more.

2.                               During pendency of the appeal, the appellants have entered into compromise with the legal heirs of deceased Zulfiqar and they filed applications bearing M.A No. 755/2025, U/S 345(5) Cr.P.C and application M.A No. 256/2025, U/S 345(6) Cr.P.C along with supporting affidavits of legl heirs of deceased Zulfiqar.

3.                               An application baring M.A No. 757/2025 U/S 345(4) Cr.P.C has also been filed for appointment of Mst. Shahzadi as wali for minor Ali Jan, aged about 14 years being his mother. Same application is allowed and Mst. Shahzadi is appointed as Wali for minor boy Ali Jan.

4.                               Learned counsel for appellants has submitted that legal heirs of deceased entered into compromise with the appellants due to intervention of nekmards and they have waived of their right of Qisas and Diyat and forgiven the appellants in the name of Almighty Allah. All the major legal heirs have filed their affidavits before this court along with compromise application and their statements were recorded by learned trial court. Learned counsel further submits that on behalf of minor Ali Jan, the minor legal heir of deceased Zulfiqar Ali, his wali/mother Mst. Shahzadi has waived her right of Qisas, however, appellants have deposited due share of Diyat amount in favour of minor boy with the Accountant of this Court and such receipt of an amount of Rs.1,576,000/= is also brought on record.

5.                               Learned D.P.G. has also recorded his no objection for allowing the appeal by way of compromise.

6.                               In terms of order dated 17.02.2025, the matter was referred to learned trial court for enquiry regarding genuineness of compromise arrived between the parties. Report has been furnished by learned trial court, which reveals that learned trial court called the reports from S.H.O P.S. Naudero, Secretary Union Council-15 Agani, Taluka Larkana, Mukhtiarkar (Revenue), Taluka Larkana and NADRA. Trial court has further examined all the legal heirs of deceased, namely, Mst. Shahzadi (widow of deceased), Talib Hussain, Amanullah (both sons of deceased), Firdous, Murk and Salma (daughters of deceased). They appeared before the learned trial court and they forgiven their right of Qisas and Diyat and have recorded their no objection for acquittal of the appellants.

7.                               It has also come on record that there is one minor son, namely, Ali Jan aged about 14 years. After receipt of report from the trial court, the appellants have deposited due share of minor with the Accountant of this Court to the tune of Rs.1,576,000/- vide receipt dated 24.03.2025. Mst. Shahzadi being real mother of minor boy Ali Jan has filed application for her appointment as wali. The appellants have deposited due share of Diyat amount in favour of minor boy with the Accountant of this Court and such receipt of an amount of Rs.1,576,000/= is also brought on record. Accordingly M.A No. 757/2025 (U/S 345(4) is allowed and she is appointed as guardian/wali of the minor boy Ali Jan.

8.                               The trial court submitted report that compromise is genuine and without any pressure. They have voluntarily entered into compromise.

9.                               Since all the major legal heirs of the deceased Zulfiqar Ali have filed their statements and forgiven the appellants in the name of Almighty Allah and waived their right of Qisas and Diyat and have also extended no objection to the acquittal of appellants, therefore, the permission to compound the offence is accorded and compromise arrived at between the parties is hereby accepted.

10.                            In view of above, the applications U/s 345(5) and 345(6) are allowed. Convictions and sentences awarded to appellants Ayaz @ Sanaullah, Saeed, Arbab @ Nachoo, Suhrab and Haji Anwar vide impugned judgment dated 22.09.2022, passed by learned Additional Sessions Judge, Ratodero in Sessions Case No.416/2011, arising out of Crime No. 51/2011 of P.S. Naudero for the offence U/S 302, 114, 148,149 P.P.C, are hereby set-aside. The appellants/accused are acquitted of the charge under Section 345(6) Cr.P.C. Appellants are in custody, they shall be released forthwith if not required in any other custody case.

11.                            Accountant of this court is directed to deposit the share of minor Ali Jan in any profitable scheme with directions to handover the quarterly profit to the mother of minor, namely, Mst. Shahzadi in order to bear daily expenses.

 

 

                                                        J U D G E

 

 

Abdul Salam/P.A