IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Appeal No.S-01 of 2020

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

1. For orders on M.A. No.3454/21.

2. For orders on M.A. No.3455/21.

3. For hearing of main case.

4. For orders on M.A. No.111 /20.

09.08.2021

Mr. Shabir Ali Bozdar Advocate for appellants.

Mr. Aftab Ahmed Shar Addl.PG for State.

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O R D E R

The appellants Ghafoor Gul son of Noor Muhammad, Rustam son of Noor Muhammad and Naseer son Muhammad Yousif by caste Waggan have impugned the judgment dated 30.12.2019 passed by Additional Sessions Judge-I(MCTC), Naushehro Feroze in Sessions Case No.392 of 2014 arising out of Crime No.52 of 2014 Police Station, Darya Khan Mari, whereby trial Court convicted the appellants named above as under;

For offence u/s 302(b) r/w 34 PPCto suffer R.I for Life as Ta’zir and to pay Rs.2,00,000/- (two lac) each as compensation u/s 544-A Cr.P.C to the legal heirs of deceased with fine of Rs. 50,000/- (fifty thousand) each, in case of default in payment of fine they shall undergo S.I. for six months more;

For offence u/s 506(ii) PPC to suffer R.I. for two years and fine of Rs.5000/ each , in case of default in payment of fine they shall undergo SI for two months’ more.

For offence u/s 504 PPC to suffer R.I for one year and fine of Rs.2000/- each in case of default in payment of fine they shall undergo SI for one month more;

Accused Ghafoor Gul is also convicted for offence u/s 337-F(v) PPC to suffer R.I for five years and Rs.10,000/- as Daman to be paid to injured.

Accused Naseer is also convicted for ofence u/s 337L(ii) PPC to suffer R.I for two years and Rs.10,000/- as Daman to be paid to injured.

2. During pendency of this appeal, the legal heirs of deceased Rizwan Ali, namely, Zakir Hussain (complainant/brother), Munir Ahmed (brother), Tanveer Ali (brother), Mst. Bhainbhan (mother) Mst. Fozia (sister) and Mst. Paras (sister) and the appellant moved applications under Sections 345(2) and 345(6) Cr.P.C.

3. The legal heirs of the deceased have clearly stated that they have forgiven the accused/appellants named above in the name of Almighty Allah and waived their right of Qisas and Diyat. The compromise arrived at between the parties is genuine and voluntarily.

4. Learned Counsel for appellants submits that offence is compoundable therefore, appellants may be acquitted as the parties have patched-up outside the Court.

5. Learned Additional Prosecutor General contends that legal heirs of the deceased Rizwan Ali have waived their right of Qisas and Diyat therefore, they have recorded no objection for acceptance of this compromise application.

6. As the legal heirs named above have forgiven the appellants/accused Ghafoor Gul, Rustam and Naseer in the name of Almighty Allah and waived their right of Qisas and Diyat therefore, the permission to compound the offence is accorded and compromise arrived at between the parties is hereby accepted.

7. In view of above, the appeal is allowed and accused/appellants Ghafoor Gul, Rustam and Naseer are acquitted U/s 345(6) Cr.P.C and be released, if not required in another case.

Appeal stands disposed of along with listed applications.

J U D G E

Ihsan/PS.