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Petitioner: SHER MUHAMMAD VS Respondent: StateHonorable Justice M. Bilal Khan and Fazal-e-Miran ChauhanMukhtar Ahmad Bosal and Sarfraz Ahmad,Syed Tahir Abbas Rizvi and Maqbool Ahmad Qureshi
2006 Y L R 3230
2006 Y L R 3230
[Lahore]
Before M. Bilal Khan and Fazal-e-Miran Chauhan, JJ
SHER MUHAMMAD---Petitioner
Versus
THE STATE-Respondent
Criminal Appeals Nos.427-J of 2003, 1848 of 2002 and Murder Reference No.866 of 2003 in Cr.M. No.546-M of 2006, decided on 20th June, 2006.
Penal Code (XLV of 1860)---
----Ss. 302 & 310---Criminal Procedure Code (V of 1898), S.345-Appreciation of evidence---Compromise---During pendency of appeal against conviction and sentence awarded by the Trial Court to applicant/accused, an application was filed for compromise between the parties---Report of Sessions Judge from whom genuineness and voluntariness of compromise was requisitioned revealed that seven legal heirs of deceased filed affidavits whereby they had waived their right of Qisas and Diyat and they had no objection to acquittal of accused as legal heirs of deceased had forgiven him for the sake of God Almighty---Application filed by accused for compromise was accepted in view of the report of Session Judge---Sentence of accused was set aside and they were released, accordingly.
Mukhtar Ahmad Bosal and Sarfraz Ahmad Gondal for Appellants
Syed Tahir Abbas Rizvi and Maqbool Ahmad Qureshi for the State.
ORDER
This order will dispose of Criminal Appeals Nos.427-J of 2003, 1848 of 2002 and Murder Reference No.866 of 2003.
2. Through this application the petitioners/appellants seek compromise in a criminal case whereby, they were convicted and sentenced vide judgment dated 23-9-2003 passed by the learned Addl. Sessions Judge, M.B. Din in case F.I.R. No.399 of 2000 registered under section 302, P.P.C. at Police Station, Malakwal.
3. The appellants were tried for the commission of said offence by the trial Court, whereby appellants were convicted. The appellants impugned the said judgment before this Court. The learned Sessions Judge also referred the murder case to this Court, for the confirmation of death sentence as required under section 374, Cr.P.C. During the pendency of appeal the said application for compromise between the parties was filed.
4. Report regarding genuineness and voluntariness of compromise has been requisitioned from the learned Sessions Judge, concerned which has been received According to report there are seven legal heirs of the deceased. The statements of all legal heirs have been recorded. They have also placed on record their affidavits. They have waived their rights of Qisas and Diyat. They have no objection to the acquittal as they have forgiven the convict for the sake of God Almighty. Keeping in view the learned District and Sessions Judge reported that the compromise has taken place between the parties with free will and without any pressure.
5. In view of the above, this application is accepted and the appeals of the appellants are allowed. Impugned judgment dated 23-9-2003 and sentence of the appellants are set aside. The appellants be released forthwith, if not required in any other criminal case. The Murder Reference is answered in negative.
H.B.T./S-170/L Appeals allowed.