1. Appellant, Mst. Farzana in Cr. Appeal No, 360/2002, and Appellant, Muhammad Siddique in Cr.
2. Appeal No, 363/2002, were tried by the learned 1st Addl. Sessions Judge Kai.tchi Central in Sessions Case No, 310/1994 (State vs. Muhammad Siddique and Mst. Farzana) for offence under Section 302/34 PPC and were convicted under Section 302 PPC and sentenced to undergo life imprisonment together with the benefit of Section 382-B Cr.P.C. vide judgment dated 26.10.2002.
3. The appellants, in both the appeals, have challenged their above-referred conviction and sentence.
4. These appeals were admitted to regular hearing by this Court on 21.11.2002. During the pendency of these appeals, Appellants have moved applications being under Sections 345(2), 345(6) and 345(4) Cr.P.C., respectively. (M.As. Nos, 689, 690 and 2680 of 2004 in Cr. Appeal No, 360/2002 and M.As. Nos, 686, 687 and 2681 of 2004 in Cr. Appeal No, 363/2002), duly supported with the affidavits of complainant, Sonia Shaukat, brother and daughter of the deceased, respectively, alongwith Proforma for effecting compromise under Qisas & Diyat Ordinance, whereby following prayers have been made on the ground that the legal heirs of deceased have forgiven the above-named accused persons in the name of almighty Allah:--
(i) Permission to enter into compromise;
(ii) Acceptance of compromise;
(iii) Permission to Mst. Sonia to compromise the above matter on behalf of the minor legal heirs of the deceased as wali, being their real sister.
5. I have heard and considered the arguments of the learned counsel for the Appellants as well as the learned counsel appearing for the State who . has raised no objection to the grant of all these applications.
6. Upon a query whether the real sister of the minor legal heirs can entered into compromise, learned counsel for the Appellants relied upon the case of Muhammad Hanif vs. The State (1993 P.Cr.L.J.
7. 166). I have gone through the case-law, cited at the bar, perused the record and am of the considered view that these applications merit to be allowed. Resultantly, the appeal is allowed in terms of compromise. The appellants are acquitted and shall be released forthwith if not required in any other case.
8. Cr. Appeals Nos, 360 and 363 of 2004 stand disposed of alongwith listed applications.