Zain ul Abid Din and Muhammad Ayoub appellants on conclusion of the private complaint filed by Nazim Hussain, Respondent No. 2 vide judgment dated 27.11.2006 passed by the learned Additional Sessions Judge, Gujrat were convicted under Section 302(b) PPC and sentenced to life imprisonment on two counts for committing qatl-i-amd of All Hussain Shah and Nadim Qaisar Butt deceased with compensation of Rs. one lac each payable to the heirs of each of the deceased as required u/S. 544-A Cr.P.C. or in default of payment thereof to undergo SI for six months. They were also convicted under Section 148 PPC and sentenced to three years RI. Both the sentences were directed to run concurrently:
2. Through the aforesaid Crl. Appeal both the appellants have challenged their convictions and sentences and during the pendency thereof, Crl. Misc. No. 579-M 2007 was filed on behalf of the appellants for effecting compromise with the legal heirs of both the deceased. Vide orders dated 9.5.2007 the matter was referred to the learned Sessions Judge, Gujrat for holding inquiry regarding the authenticity and voluntariness of the acclaimed compromise arrived at between the parties, who has submitted report dated 24.5.2005 to the effect that Syed Ali Hussain Shah deceased was survived by--
(1) Mst. Shamim Bibi (mother);
(2) Mst. Salma Bibi (widow);
(3) Hussain Abbas (minor son);
(4) Solat Abbas (minor son);
(5) Afshan Kiran (minor daughter); and
(6) Masoom Fatima (minor daughter) while Nadim Qaisar Butt deceased was unmarried, who had left behind the following heirs, namely:--
(1) Mst. Safia Wahid (mother);
(2) Wasim Qaisar (brother, not traceable);
(3) Naeem Qaisar (brother);
(4) Navid Qaisar (brother);
(5) Asima Waheed (sister);
(6) Salma Waheed (sister);
(7) Farah Waheed (sister);
(8) Afshan Waheed (minor sister).
All the aforesaid major legal heirs except Wasim Qaisar have got recorded their statements before the learned Sessions Judge, duly attached with the report, that they have effected compromise with both the appellants and pardoned him in the name of Almighty Allah, therefore, they have no objection to his acquittal. As regards minor heirs of both the deceased, it has been pointed out that their due share in the diyat amount has been invested while purchasing Defence Savings Certificates in their names by the orders of the learned Sessions Judge, Gujrat and the same have been received by their mothers respectively. This case come up for hearing before this Court on 30.5.2007, when it came to light that Waseem Qaisar, who is also real brother of Nadim Qaisar deceased could not appear before the learned Sessions Judge for recording his statement as he was not traceable. Mst. Safia Begum in his statement before the learned Sessions Judge, Gujrat explained that said Wasim Qaisar had left for abroad through some agent and for about last fours, his whereabouts are not known to her and other family members. In this view of the matter, the appellants were directed to deposit the share of Waseem Qaisar in the diyat amount through the purchase of Defence Savings Certificates in his name. According to the learned counsel for the appellants the Defence Savings Certificates in the name of Waseem Qaisar valuing Rs. 43,000/- equal to his share in the diyat amount have been purchased and are in his possession.
3. After perusal of the statements of the legal heirs of both the deceased duly recorded by the learned Sessions Judge, I am satisfied that the compromise has been effected with the appellants by the legal heirs of the deceased voluntarily and without any coercion. Moreover, the interest of the minor legal heirs of the deceased has also been protected by purchasing Defence Savings Certificates in their names equal to their share in the diyat amount. As regards Waseem Qaisar brother of Nadim Qaisar deceased, there is nothing on the record in rebuttal of the statement made by this mother Safia Bibi that he is not traceable for last four years, even prior to this occurrence. Here, it is not the case that one of the heirs of the deceased has not forgiven the convicts, but actually he is not traceable and in such circumstances, when all the other legal heirs have compounded the offence with the convicts, in the interest of justice to keep the peace between them, it was felt necessary to order for the deposit of his share in the diyat amount by the purchase of Defence Savings Certificates, which order has been duly complied with. Photocopies thereof have been placed on the file. The Deputy Registrar (Judicial) of this Court is directed to receive the said Defence Savings Certificates in original from the learned counsel for the appellants and keep those in safe custody, which shall be further disbursed to Waseem Qaisar whenever he applies for the same,
4. As the main offence u/S. 302(b) PPC with which the appellants have been convicted and sentenced is compoundable, the necessary permission required u/S. 345 Cr.P.C. for effecting compromise is granted and Crl. Misc. No. 579-M-2007 is allowed. Consequently, both the appellants are acquitted of the charge under Section 302(b) PPC on the basis of compromise arrived at between the parties. So far as conviction and sentence of the appellants recorded u/S. 148 PPC by the learned trial Court, is concerned, it is pointed out that the appellants have already undergone more than six months in jail after their conviction recorded on 27.11.2006. Since the parties have effected compromise in the main offence under Section 302(b) PPC, the sentence of the appellants u/S. 148 PPC is reduced to the period already undergone by them, which will meet the ends of justice. Both the appellants, namely, Zain-ul-Abid Din and Muhammad Ayoub shall be released from the jail forthwith, if not required in any other criminal case.
5. This Crl. Appeal No. 1902 of 2006 filed by both the appellants is disposed of accordingly.