KHAWAJA MUHAMMAD SHARIF, J.- This judgment will dispose of Criminal Appeal No. 264/J of 2001 filed by Rab Nawaz, appellant through jail. He was convicted under Section 302(b) PPC and sentenced to death with further direction to pay Rs. One lac- as compensation as required under Section 544-A, Cr.P.C, vide judgment dated 16.12.2000 passed by learned Sessions Judge, Khushab.
Murder Reference No. 133 of 2001 for confirmation or otherwise of death sentence of Rab Nawaz, convict shall also be replied through this single judgment.
2. During pendency of the appeal, an application seeking permission to compound the offence was moved. A copy of the said petition along with allied documents was sent to Sessions Judge, Khushan for submission of report as to genuineness of the compromise. The report has been received. According to the report submitted by Sessions Judge, Mst. Bagh Bhari the deceased of the instant case was survived by her mother Mst.. Moondan, Muhammad Ramzan, Muhammad Nasir and Muhammad Ehsan, all three sons as also Umar Draz, brother. All the three legal sons of the deceased were found to be minor, as such share of their diyat was deposited (Rs. 80,566/-) each in the Muslim Commercial Bank, Quaidabad branch. The complainant Umar Draz and Mst.
Moondan, mother brother and mother of the deceased have Waived their right of qisas and diyat.
The learned Sessions Judge has concluded that the compromise appears to be genuine.
4. Learned Counsel for the State has Objection if the compromise is allowed.
4. After having perused the report submitted by the learned Sessions Judge, Khushab and the submission made by learned counsel for the State, we have no hesitation in our mind to grant permission to compound the offence as it advances public policy and is in consonance with Quranic injunctions. Resultantly, Criminal Appeal No. 264/J of 2001 filed by appellant Rab Nawaz is accepted. The conviction and sentence recorded against him by the Trial Court is set aside and he is acquitted of the charge on the basis of compromise. The death sentence of Rab Nawaz is NOT confirmed and Murder Reference is replied in the NEGATIVE. The appellant is in jail. He shall be released forthwith, if not required to be detained in any other case.
A process shall issue to the Manager, Muslim Commercial Bank, Quaidabad Branch, that the amount representing the share of the minors will only be given to the minors when they become of the age. No other person whosoever he is would have any concern with the said amount.