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2005 MLD 1276

Haji RIAZ AHMAD and others vs THE STATE

Citation2005 MLD 1276
CourtLahore High Court
Case No.Criminal Appeals Nos.161 154, 159, and 196 of 2002/BWP and Murder
Date2002-11-11
Judge(s)Sayed Sakhi Hussain Bokhari, Muhammad Akhtar Shabbir
ResultAppeals accepted

ORDER

' This order will dispose of Criminal Appeals Nos.161, 154, 159, 196 of 2002 and Murder Reference No.45 of 2002.

2. On receipt of the C.M. 1163 of 2002 for acquittal of the accused/appellants the same was sent to the learned Sessions Judge Rahimyar Khan for verification of the legal heirs of the deceased and authenticity of the compromise effected between the L.Rs./Walis of the deceased and the appellants.

2-A. After recording the statement of the L.Rs. Of the deceased including the minor daughters, the learned Sessions Judge has reported that all the L.Rs. Have waived their right of Qisas against all the accused appellants and injured Saeed Ahmad. On receipt of the report from the Sessions Judge, the legal heirs of deceased namely Mst. Budhan Mai, Mst. Nusrat Parveen, Fiaz Ahmad, Mst.

Zohran Mai and Saeed injured summoned in this Court and their statements were recorded on 4- 11-2002. The statement of Riaz Ahmad son of Ghulam Qadir brother of the deceased has been recorded today separately. They all have verified the compromise effected between them and the appellants/accused. The appellants have furnished two Saving Certificates in the name of Muslim Commercial Bank of Rs.72,500 each which has been placed on record in a sealed envelope duly signed by this Court.

3. In view of the statement of the legal heirs of deceased and verification made by the learned Sessions Judge, this application is accepted. As a result of which, these criminal appeals are accepted. The conviction/sentence of the appellants passed by the learned trial Court dated 29- 5-2002 is set aside. The Murder Reference No.45 is also answered in negative. The appellants are acquitted from the charge and they be released forthwith if not required in any other criminal case.

The Saving Certificates which were placed on the file of this Court shall be handed over to the mother of the minors on her application who shall keep with her till the age of majority of the minors.

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