ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Jail Appeal No.  D- 106 of 2011.

Crl. Reference No. D- 10 of 2011.

Date of hearing

Order with signature of Judge

 09.10.2013.

1. For hearing of M.A. No. 1914/2012.

2. For hearing of M.A. No. 1916/2012.

Mr. Abdul Jabbar A. Lashari, Advocate for appellant.

Mr. Ameer Ahmed Narejo, State Counsel.

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            By this order we will dispose of the above-captioned criminal jail appeal and criminal reference.

            Learned counsel for the appellant has filed these two applications, one under Section 345 (4) Cr.P.C. and other under Section 345 (5) Cr.P.C. on behalf of the parties, i.e. the appellant/accused Abdul Wahab Katohar and legal heirs of deceased namely, Ghulam Hussain, i.e. Ghulam Nabi (father), Mst. Budhi (mother) and Mst. Azra (widow of deceased), and on behalf of minor legal heirs, namely, baby Safia, baby Menglo, baby Noor Jehan, baby Joe, Master Shahid Ali and Master Ghulam Ali. Per learned counsel the parties have entered into compromise in result of “Fasila” held by their nekmard on Holy Quran, and thereby legal heir of deceased have forgiven and excused above named accused, therefore, the learned counsel prays for acceptance of compromise.

            Perusal of record shows that learned Sessions Judge, Jacobabad, in compliance of this Courts’ order conducted inquiry and he has submitted the relevant documents together with his inquiry report dated 04.10.2012, which shows that he has recorded statements of major legal heirs of deceased. As per report of learned Sessions Judge, Jacobabad, the father, mother and widow of deceased in their statements recorded by him, have stated that they have entered into compromise with accused/ appellant without coercion, compulsion of inducement and thereby they have waived of their right of Qisas and Diyat. The learned Sessions Judge, Jacobabad, in his report has come to the conclusion that the compromise between the parties is true, genuine and voluntarily therefore, this Court vide order dated 08.4.2013, allowed the application jointly filed under Section 335 (2) for compounding the offence.

            The learned counsel for the appellant was called upon to file relevant documents to show that amount of Diyat to the extent of share of minor legal heirs has been paid in accordance with law. The major legal heirs of deceased, namely, Ghulam Nabi, Mst. Budhi and Mst. Azra appeared before this Court on 18.9.2013, and also stated that they have voluntarily forgiven the accused/ appellant in the name of Almighty Allah and have waived of their right of Qisas and Diyat. Learned counsel has produced on record registered sale deed in the name of minor legal heirs of deceased alongwith Deh FORM-VII-B, which is taken on record.

            The learned counsel has also filed an application for appointment of Mst. Azra as “Wali” of minor legal heirs of the deceased (Ghulam Hussain), namely, Safia, baby Menglo, baby Noor Jehan, baby Joe, Master Shahid Ali and Master Ghulam Ali only for compounding the above offence. The learned State Counsel does not oppose this application for appointment of Mst. Azra as “Wali” of minor legal heirs being their real mother. Accordingly, the application stands allowed.

            The widow of the deceased, namely, Mst. Azra in her affidavit has admitted that she not only forgiven the accused/ appellant Abdul Wahab Katohar and waived of her right of Qisas and Diyat on her own behalf but also has waived of Qisas on behalf of minor legal heirs being “Wali”.  She also admitted that she has received the possession of the agricultural lands out of Survey Nos.368, 369, 370, 371, 372, 373, 374, 375, 376, 378, 379, 393, 395, 396, 397, 398, 402, 445, 501 and 367, situated in Deh and Tapo Nawra, taluka Jacobabad, on behalf of minor legal heirs to the extent of 13-06 acres.

            The major legal heirs of the deceased have waived of their right of Qisas and Diyat, while share of the minor legal heirs in shape of agricultural land is entered in record of rights vide registered sale deed dated 11.6.2013, produced on record and possession is received by the mother of minors being their “Wali.”

            In view of the above circumstances, it appears that the compromise arrived at in between the parties is genuine and voluntarily, consequently the compromise arrived at in between the parties is hereby accepted, and the appellant stands acquitted of the charge; he shall be released forthwith, if not required in any other case. However, Mst. Azra may enjoy the possession of land shown in para 6 for the benefit and welfare of minors and would not sale, dispose, alienate and hand over its possession to anybody else, till the minors, namely, Safia, baby Menglo, baby Noor Jehan, baby Joe, Master Shahid Ali and Master Ghulam Ali attain majority and exercise their power.

This criminal jail appeal and criminal Reference stand dispose of accordingly.

Judge

Judge