M. BILAL KHAN, J. - This order will dispose of Criminal Appeal No. 371 of 2002 and Murder Reference No. 243 of 2002.
2. Through this- application the petitioner/ appellant seeks compromise in a criminal case whereby, he was convicted under section 302(b), P.P.C, and sentenced to death. He was also directed to pay Rs. 2,00,000/- as compensation under section,544-A, Cr.P.C, to the legal heirs of the deceased and in default he shall suffer six months' R.I. vide judgment dated 09.02.2002 passed by the learned Sessions Judge, Gujranwala, in case FIR No. 1150, dated 23.11.1999 registered under section 302, P.P.C, at Police Station, Sabzimandi, Gujranwala.
3. The appellant was tried for the commission of said offence by he learned Sessions Judge, Gujranwala, whereby the convicted the appellant narrated above. The appellant impugned the judgment dated 09.02.2002 before this Court. The learned Sessions Judge also referred the murder case to this Court for the confirmation of. Death sentence as .Required under section 374, Cr.P.C.
During the pendency of appeal the said application for compromise between the parties was filed.
4. Report regarding genuineness and voluntariness of compromise has been requisitioned from the learned Sessions Judge, Gujranwala which has been received. According to report there are four legal heirs of the deceased. The Statements of all legal heirs have been recorded. They have also placed on record their affidavits. They have waived their rights of Qisas and Diyat. They have no objection to his acquittal as they have forgiven the convict for the sake of God Almighty.
Keeping in view the learned District and Sessions Judge reported that the compromise has taken place between the parties with free will and without any pressure.
5. In view of the above, this application is accepted and the appeal of the appellant is allowed.
Impugned Judgment dated 09.02.2002 and sentence of the appellant are set aside. The appellant be released forthwith, if not required in any other criminal case. The Murder Reference is answered in negative.