JUDGMENT KH. MUHAMMAD SHARIF, J.- This judgment will dispose of Criminal Appeal No. 34 of 1991 filed by Riasat Ali, Muhammad Hafiz and Muhammad Sadiq, appellants who were convicted and sentenced vide judgment dated 18.1.1991 rendered by learned Additional Sessions Judge, Sahiwal as under:- Imprisonment for life and to pay fine of Rs. 20,000/- each, in default one year's R1 under section 302 read with section 34, PPC and Five year's R1 and to pay a fine of Rs. 5,000/- each, in default six month's R1 under sections 307/34, PPC.
All the sentences were ordered to run concurrently with the benefit of section 382-B, Cr.P.C.
Criminal Appeal No. 185 of 1991 filed by the State against the acquittal of respondents Hakim Ali, Muhammad Akhtar and Abdul Ghafoor was admitted to regular hearing so, the same along with Criminal Revision No. 42 of 1991 filed by the complainant for enhancement of sentences of respondents shall also be disposed of through this single judgment.
2. During pendency of the appeal, an application seeking permission to compound the offence was made and the same was sent to learned Sessions Judge, for submission on a report with regard to genuineness of the compromise. Report has been received from the learned Sessions Judge.
3. According to report, Muhammad Nawaz deceased was minor at the time of his death and was survived by Ahmad Khan, father and Mst. Inaitan, the mother. Both the legal heirs have deposed before the Court that they have compounded the offence, have forgiven the accused and have no objection to their acquittal. All the injured to this case except Abdul Sattar who died his natural death, after the occurrence, have appeared before the learned Sessions Judge and made statements to the effect that they have compromised with all the accused of case FIR No. 252 of 1998 registered with Police Station Arifwala, District Sahiwal by exercising their right of law and have forgiven them in the name of Almighty Allah. The widow, father and mother of Abdul Sattar injured (died later on) have entered into a compromise on behalf of Abdul Sattar injured PW. It is also to be noted that Abdul Sattar deceased was also survived by two minor daughters namely Robina and Farzana. Both the minors have not been paid any compensation in the shape of arsh/daman. In the end of the report, the learned Sessions Judge has stated that the compromise between the parties stands authenticated and verified as being correct.
4. Mr. S.D. Qureshi, learned counsel for the State has also no objection if compromise is allowed.
5. In view of the report of learned Sessions Judge, Sahiwal and request so made by learned counsel for the parties, legal heirs of the deceased and injured victims are allowed to compound the offence with accused of case FIR No. 252 of 1998 registered with Police Station Arifwala District Sahiwal. Resultantly, the permission to compound the offence in view of sub-section (5) of section 345, Cr.P.C, is accorded to the parties in order to maintain cordial relations and bury their hatchet for ever.
Since permission to compound the offence has been granted, we set aside the conviction and sentence recorded against the conviction vide judgment dated 18.1.1991: rendered by learned Additional Sessions Judge, Sahiwal and acquit them of the charge under sub-section (6) of section 345, Cr.P.C. They are directed to be released forthwith, if not required to be detained in any other case.
Criminal Appeal No. 185 of 1991 filed by the State against acquittal of the respondents and Criminal Revision No. 42 of 1991 filed by the complainant for enhancement of sentence are dismissed.