' M. BILAL KHAN, J.---This Criminal Appeal bearing No.2146 of 2003 filed by Alamsher alias Baddu is directed against the judgment, dated 15-11-2003 passed by the learned Additional Sessions Judge, Faisalabad whereby he convicted the appellant Alamsher alias Baddu under section 302(b), P. P.C.
And sentenced him to life imprisonment along with a compensation amounting to Rs.1,00,000 to be paid to the legal heirs of Tassadaq Hussain deceased under section 544-A, Cr.P.C. Coupled with the fact that the accused/appellant was also granted benefit under section 382-B, Cr.P.C. Feeling aggrieved of this judgment the appellant' filed the instant Criminal Appeal whereas the complainant Asghar Ali filed Criminal Revision No. 1220-2003 for the enhancement of sentence as well as compensation. Both these matters are being decided through this judgment.
2. On 4-6-2004 the learned counsel for the appellant filed Criminal Miscellaneous No. 941-M-2004 in this Court regarding compromise between the accused/appellant and the legal heirs of Tassadaq Hussain deceased and on this sole ground he prayed for the acquittal of the accused Alamsher alias Baddu. Report was called from the learned Sessions Judge, Faisalabad regarding the verification of the compromise between the parties and genuineness of the legal heirs of the deceased. In his comprehensive report the learned Sessions Judge Faisalabad observed as under:-- "I called all concerned and, as a consequence, there turned up Mst. Naziran Bibi, the mother, Asghar Ali, Ashraf Ali, Ghulam Shabbir, Ghulam Abbas, the brothers, and Mst. Jamila Bibi, Mst. Shakila Bibi the sisters of deceased Tassadaq Hussain and recorded their statements. In their statements, they have stated that they are the only legal heirs of the deceased as he was unmarried at the time of his murder and his father had died prior to the incident, that they have pardoned the convict namely Alamsher alias Baddu in the name of Almighty Allah and waived their right of Qaisas and Diyat and that they have no objection if he is acquitted of the charge in the case.
(2) From the inquiry conducted in the matter, it stood proved to the satisfaction of the Court that the parties have been brought to a compromise which appears to be voluntary and independent without getting any compensation and further that it is genuine and correct."
3. In these circumstances, the learned counsel for the appellant has prayed for the acquittal of.The appellant to which the learned counsel for the State has no objection as according to him the offence is compoundable and there is a compromise on the file whereby the legal heirs of the deceased by waiving their right of Qisas have forgiven the appellant in the name of Allah Almighty.
4. I have heard the learned counsel for the parties and have gone through the record along with the report submitted by the learned Sessions Judge Faisalabad. After considering all the facts and circumstances of the case I am of the view that no useful purpose would be served in acting upon the sentence recorded by the learned trial Court against the appellant when the legal heirs of the deceased have pardoned him in the name of Allah. On the other 'hand the acquittal of the appellant would promote harmony, peace and tranquillity between the parties and chances of future disturbance between them would diminish.
5. In view of what has been discussed above, I accept this A compromise and acquit the appellant Alamsher alias Baddu of the charge against him and order that he be released forthwith if not require in any other case. Criminal Appeal No. 2146 of 2003 is hereby accepted.
6. Since Criminal Appeal No.2146 of 2003 has been accepted by this Court, therefore Criminal Revision No.1220 of 2003 is dismissed.