' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.---Appellants Akhtar Islam and Mst. Shamshad were tried for the murder of Fateh Khan in case F.I.R. No.92 of 2002 dated 22-7-2002 for the offence under sections 302/34 P.P.C. Registered at Police Station Mitha Tiwana, by the Additional Sessions Judge, Khushab, who vide judgment dated 2-1-2003 convicted both the appellants under section 302 (b)/34 P.P.C. And sentenced each of them to imprisonment for life and to pay Rs.50,000 as compensation to the legal heirs of the deceased, or in default whereof to further undergo six months' S.-I. Appellants were also given the benefit of section 382-B Cr.P.C.
' Feeling aggrieved by the impugned judgment, appellants have filed separate appeals (Cr1. A No.50 of 2003 by Mst. Shamshad and Cr1. A.No.53 of 2003 by Akhtar Islam) whereas the complainant has filed Cr1. Rev. No.128 of 2003 seeking enhancement of sentence of appellants/respondents. All these matters are being disposed of by this single judgment.
2. During the pendency of appeal, appellants made separate applications (Cr1. Misc. No.926-M of 2005 by Mst. Shamshad, and Crl. Misc. No.927-M of 2005 by Akhtar Islam) seeking permission to effect compromise with the legal heirs of the deceased. The matter was referred to Sessions Judge, Khushab for his report about the genuineness of compromise arrived at between the parties. In compliance whereof the Sessions Judge summoned S.H.O. And Naib Tehsildar concerned along with list of legal heirs of deceased. Reportedly Fateh Khan deceased left behind Mst. Aslam Khatoon (widow), Muhammad Imran (son), Muhammad Rizwan (son) and Iram Shehzadi (daughter) as his legal heirs. Reportedly the statement of Mst. Aslam Khatoon widow of deceased recorded as CW 4 reveals that she is real mother of her both minor sons and minor daughter, she admitted the genuineness of compromise and after the receipt of entire compensation in the shape of agriculture land and defence saving certificates she has no objection for acquittal of both the accused convict Akhtar Islam and Mst. Shamshad and she has made statement for herself and in the capacity of real mother and guardian of her minor children. Reportedly statement of Muhammad Imran (son of the deceased) aged about 15/16 as CW.7 was recorded who affirms the statement made by his mother. Reportedly the complainant Ahmed Khan while appearing as CW.5 admitted the genuineness of the compromise. Reportedly all the legal heirs have no objection for the acquittal of both the appellants.
3. Learned counsel for the State in view of the said circumstances has no objection if the appeals filed by the appellants are allowed.
4. After hearing the learned counsel for the parties and perusing the record, I am satisfied that the compromise effected between the parties is genuine and the same has been effected between the parties with their free-will and consent without any external pressure. In this view of the matter, Crl. Misc. No.926-M of 2005 by Mst. Shamshad and Cr1. Misc. No.927-M of 2005 by Akhtar Islam are allowed.
' In the light of the said circumstances the appeals filed by the appellants are accepted, conviction and sentence of appellants is set aside and they are acquitted of the charge. Appellants shall be released forthwith if not required to be detained in any other case.