ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Jail Appeal No. S-  32 of 2012. 

Date of hearing

Order with signature of Judge

02.01.2013.

1. For orders on M.A. No. 2103/2012.

2. For orders on M.A. No. 2088/2012.

3. For orders on M.A. No. 2089/2012.

                        Mr. Ahsan Ahmad Quraishi, Advocate for appellants.

                        Miss. Shazia Surahyo, State counsel.

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1.         Through this application, it has been prayed that one Abdul Razzak son of Muhammad Ramzan Sunani, “Wali” of minor legal heirs of deceased, namely, Saeed Ahmed aged 17 years,    2. Naveed Ahmed aged 14 years, and 3.Muhammad Piaral aged 07 years for the purpose of effecting compromise with appellants on their behalf, who being their brother is fit person to act as “Wali” on behalf of minors and enter into compromise. Since the parties have entered into compromise and have filed such applications separately, and the offence is compoundable, therefore, the application stands allowed.

2 & 3.              These are applications under Section 345 (2) Cr.P.C for permission to compound offence and under Section 345 (6) Cr.P.C for acceptance of compromise moved by the appellants and the legal heirs of deceased Abdul Wahab; and vide order dated 29.8.2012, same were sent to the learned trial Court for conducting proper enquiry with regard to the legal heirs of the deceased and compromise between the parties.

                        The report of the trial Court is received, which shows that the learned trial Court called the legal heirs of the deceased, namely, Abdul Razzaq, Mst. Ghulam Khatoon, Mst. Razia Khatoon, and Mst. Rahim Khatoon, the brother and sisters of deceased Abdul Wahab, respectively, and they recorded their statements to the factum of compromise. In their statement, aforesaid legal heirs have stated that they have voluntarily compromised with the appellants. The learned trial Court has further reported that besides above named major legal heirs there are three minor legal heirs, the brothers of deceased. Report further reveals that Abdul Razzak, the elder brother of the deceased has disclosed his statement that he has received fifteen buffalos from the appellants on behalf of minors against “Diyat” amount, who are residing under his care and custody.  The statements of the major legal heirs of deceased are available with report of the trial Court.

            The affidavits of the legal heirs of the deceased are filed with these applications, and in order to ascertain their contents the legal heirs were called by this Court, who are in attendance today; they confirm the contents of their affidavits and the applications to be true and correct and further state that they have compromised with the appellants and have pardoned them in the name of Almighty Allah without any pressure from any side or threats. The applications under Section 345 (2) and 345 (6) Cr.P.C. have been singed by the appellants, so also by major legal heirs of the deceased. As far as Saeed Ahmed,          2. Naveed Ahmed, and 3. Muhammad Piaral are concerned, they are minors and under Section 309 QDO “Wali” is not competent to waive the right of “Diyat”, and accordingly the appellants have handed over fifteen buffalos to the aforementioned minor legal heirs for their welfare so that they may live peacefully and lead honorable live. The fact of receiving fifteen buffalos on behalf of minors, as per report of trial Court has been admitted and confirmed by major legal heir of deceased, namely, Abdul Razzak.

            In view of the report submitted by the trial Court and affidavits sworn by major legal heirs of deceased, both these applications are allowed. The appellants Abdul Raheem and Abdul Sattar are acquitted from the charge of murder of aforesaid deceased; they shall be released forthwith by jail authorities, if they are not required in any other case. However, the appeal stands dismissed.

Judge