IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Crl. Appeal No.S-298
of 2019
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF HON’BLE JUDGE. |
1. For hearing of
M.A. No.2679/21.
2. For hearing of
M.A. No.2680/21.
3. For hearing of
main case.
4. For hearing of
M.A. No.6437/19.
27.08.2021
Mr. Suhail
Ahmed Khoso Advocate for appellants.
Syed Sardar
Ali Shah Deputy Prosecutor General for
State.
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O R D E R
The appellants Syed Ahsan Shah,
Tahseen Hyder, Murad Shah and Shamshad Hyder all sons of Syed Azadar Hussain
Shah have impugned the judgment dated 26.11.2019 passed by Additional Sessions
Judge-IV, Khairpur in Sessions Case No.987 of 2016 arising out of Crime No.66
of 2016 of Police Station, Hingorja, whereby trial Court convicted the appellants
named above for offence u/s 302(b)
r/w 34 PPC r/w Section 120-B PPC and sentenced them to suffer R.I for Life Imprisonment
as Ta’zir and to pay fine amount of Rs.100,000/- (One lac) each which shall be
paid to the LRs of deceased Kamran. In case of default in payment of fine
amount accused person shall suffer S.I. for six months more. Accused are also
convicted for offence punishable u/s
337-J PPC for administering poisonous to
Miss. Sabash Tahira with intention to cause her murder and sentenced them to
suffer R.O Ten years.
2. During pendency of this appeal, the legal
heirs of deceased Kamran Larik namely, Ghulam Rasool (Father), Mst. Rukhsana (Mother),
Imran Ahmed (brother), Mst. Fozia (sister) Mst. Shazia (sister) as well as Syed
Subas Tahira (wife/widow) and the appellants moved applications under Sections
345(2) and 345(6) Cr.P.C.
3. Meanwhile, the appellant No.1 Syed Ahsan
Shah has expired such death report was called from Superintendent and
Correctional Facility, Khairpur, which is available on record.
4. The legal heirs of the deceased have clearly
stated that they have forgiven the accused/appellants in the name of Almighty
Allah and waived their right of Qisas and Diyat. The compromise effected
between the parties is genuine and voluntarily. The report dated 29.6.2021 also
reflects that on 15.06.2021 Syeda Subas Tahira wife/widow of deceased Kamran
Larif appeared before the trial Court and her statement was recorded, which is
reproduced as under:-
“I
am wife/widow and one of the legal heirs of deceased Kamran Larik. WE have
filed compromise application u/s 345 (2) and 345(6) Cr.P.C before the
Honourable High Court of Sindh Bench at Sukkur. I have waived the right of
Qisas and Diyat in the name of Almighty Allah and do not claim anything from
the accused persons of the case. I have not been pressurized/forced for
compromise by accused party. I give this statement voluntarily. I have no
objection, if the accused are acquitted. I produce an application along with my
photograph, NADRA affidavit and my birth registration certificate at Mark-A. I
pray for acquittal of accused”.
5. Thereafter, this Court vide order dated
26.7.2021 sent the applications to the learned trial Court to conduct enquiry
into the matter and in compliance of said order the learned trial Court has
sent the report dated 24.8.2019.
6. Learned Counsel for appellants submits
that offence is compoundable therefore, appellants may be acquitted as the
parties have patched-up outside the Court.
7. Learned Additional Prosecutor General
contends that legal heirs of the deceased Kamran Larif have waived their right
of Qisas and Diyat therefore, they have recorded no objection for acceptance of
this compromise application.
8. As the legal heirs named above have
forgiven the appellants/accused Tahseen Hyder, Murad Shah and Shamshad Hyder 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.
9. In
view of above, the appeal is allowed and accused/appellants Tahseen Hyder,
Murad Shah and Shamshad Hyder 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.