C.M. No. 290-M/2005 RUSTAM ALI MALIK, J.- ln compliance with the order of this Court dated 28.2.2000, the learned Sessions. Judge, Kasur has sent a report dated 9.3.2005 wherein it has been stated that according to the reports furnished by the revenue authorities and the local Police, Muhammad Sharif deceased is survived by the following legal heirs:--
(i) Mst. Saira Bibi mother
(ii) Mst. Sardaran Bibi widow
(Iii) Muhammad Hanif son
(iv) Muhammad Latif son
(v) Muhammad Shakeel son (minor)
(Vi) Mst. Hanifan Bibi daughter
(vii) Mst. Rashidan Bibi daughter
(viii) Mst. Naseeban Bibi daughter
(ix) Mst. Kishwar Sultana daughter (minor) - (x) Mst. Shakeela Bibi daughter (minor)
2. The learned Sessions Judge, Kasur recorded the statements of all the major legal heirs including Muhammad Ishtaq injured person and who claimed to have forgiven Muhammad Akbar and Muhammad Rashid (convicts) in the name of Almighty Allah without receiving any Badl-i-Sulh.
They also waived their right of Qisas and Diyat and stated that they have no objection if the aforesaid convict is acquitted in this case.
3. So far as the minor son and daughters of the deceased namely Muhammad Sharif are concerned, although the total amount of Diyat money comes to Rs. 77,276/- which is their share but Gulzar real brother of the accused deposited a total of Rs.. 1,00,000/- in the names of minor son and daughters of the deceased. With the said amount of Rs. 1,00,000/-, defence saving certificates worth Rs. 50,000/- for minor son and of Rs. 25,000/- for each minor daughter were purchased and handed over to the widow Sardaran Bibi, with the direction to the authorities concerned not to encash those certificates unless ordered by the Court.
4. According to the report of the Sessions Judge, Kasur. Mst. Saira Bibi and Mst. Sardaran Bibi mother and widow of the deceased respectively as well as major sons and daughters of the deceased and Muhammad Ishtaq the injured person had compounded the offence. As per the said report of the learned Sessions Judge he was satisfied that a genuine compromise has been effected between the parties, without any pressure or duress.
5. Since from the report of the learned Sessions Judge, Kasur, it appears that the offence of qatl-i- amd of Muhammad Sharif deceased has been compounded between the accused/appellants namely Muhammad Akbar and Muhammad Rashid and the legal heirs of the deceased and since Muhammad Ishtaq the injured person has also compromised with the accused and has forgiven them in the name of Almighty Allah and since the interests of the minor son/daughters of the deceased have been secured by depositing Diyat money in their names in the form of Defence Saving Certificates, and since the compromise appears to be in the interest of the parties and is likely to promote peace and harmony between them, therefore the application under Section 345, Cr.P.C, is accepted, formal permission for compounding offence of qatl-i-amd is granted and as a result of compounding of offence, the appellants namely Muhammad Akbar and Muhammad Rashid are acquitted of the charge. They are stated to be in the judicial, lock-up. If not required in connection of any other case, they be set at liberty forthwith.
5. Criminal Appeals (Nos. 1766/04 and 174/2005) and Criminal Revision (No. 1042/2004) are declined in the above terms.