IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Present:-

Mr. Justice Shamsuddin Abbasi

Mr. Justice Jan Ali Junejo,

Cr. Appeal No. D-65 of 2024 a/w

Cr. Conf. Case No. D-37 of 2024

Appellant		Khan Muhammad s/o Muhammad Afzal Nindwani,
		Through Mr. Abdul Rehman A. Bhutto, advocate

Complainant		Ghulam Hyder Nindwani

The State		Through Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State
Date of hearing		27-03-2025
Date of order		27-03-2025

O R D E R

SHAMSUDDIN ABBASI, J.- Through instant criminal appeal, the appellant Khan Muhammad s/o Muhammad Afzal Nindwani, has impugned the judgment dated 12.12.2024, passed by learned I/c I-Additional Sessions Judge, Kandhkot in Sessions Case No. 122/2019, arising out of Crime No. 28/2011 of P.S. Karampur, for the offence U/S 302, 337-H(2), 148, 149 P.P.C. After full dressed trial, the appellant was convicted and sentenced to death and shall be hanged by neck till his death subject to confirmation of this court and to compensate the legal heirs of deceased to the tune of Rs. 50,00,000/- (Five millions) in terms of Section 544-A Cr.P.C for payment to legal heirs of deceased.

2. During pendency of the appeal, the appellant has entered into compromise with the legal heirs of deceased Ghulam Yaseen and they have filed applications bearing M.A No. 89/2025, U/S 345(6) Cr.P.C to accept the compromise and application M.A No. 90/2025, U/S 345(2) Cr.P.C to give necessary permission to compound the offence. Supporting affidavits of legal heirs of deceased Ghulam Yaseen have been filed.

3. Learned counsel for appellant has submitted that legal heirs of deceased entered into compromise with the appellant due to intervention of nekmards and they have waived of their right of Qisas and Diyat and forgiven the appellant 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.

4. Learned Deputy Prosecutor General has extended his no objection to the grant of listed compromise applications and acquittal of the appellant.

5. In terms of order dated 06.02.2025, the matter was referred to learned trial court for enquiry regarding genuineness of compromise arrived between the parties. The trial court submitted its report that compromise is genuine and without any pressure. They have voluntarily entered into compromise.

6. The report reveals that learned trial court called the reports from Mukhtiarkar (Revenue), Taluka Tangwani, S.H.O P.S. Karampur, U.C Secretary and NADRA. Publication was also published in daily "KAWISH". Trial court has further examined all the legal heirs of deceased, namely, Mst. Sangeen Khatoon (mother), Mst. Najma (sister), Mashooq Ali (brother), Shoukat Ali (brother), Rahamdil (brother) and complainant Ghulam Hyder, who was uncle of the deceased. They all 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 appellant.

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

8. In view of above, the applications U/s 345(2) and 345(6) are allowed. Convictions and sentences awarded to appellant khan Muhammad s/o Muhammad Afzal vide impugned judgment dated 12.12.2024, passed by learned I/c I-Additional Sessions Judge, Kandhkot in Sessions Case No.122/2019, arising out of Crime No. 28/2011 of P.S. Karampur for the offence U/S 302, 337-H(2), 148,149 P.P.C, are hereby set-aside. The appellant/accused is acquitted of the charge under Section 345(6) Cr.P.C. Appellant is in custody, he shall be released forthwith if not required in any other custody case.

9. In view of our above findings, the reference submitted by trial Court u/s 374 Cr.P.C. for confirmation of death sentence to the appellant, is replied in Negative and present appeal is allowed by way of compromise.

J U D G E

Abdul Salam/P.A