Malik Saeed Ejaz, J.--The appellants Ghaffar alias Ghaffari, Khushhal and Iqbal, alongwith Ahmad Yar and Mazhar, were booked in case FIR No, 83 registered on 27.3.1996 at Police Station Gaggo, District Vehari, for offences under Sections 302/34 PPC for the murder of Allah Ditta, Ahmad Yar and Mazhar were declared proclaimed offenders. However, the appellants were tried by the learned Additional Sessions Judge, Vehari, who vide his judgment dated 20.7.2002, convicted the appellants for offence under Section 302(b)/34 PPC each and sentenced each of them to death plus payment of Rs, 1,00,000/- each, as compensation, to the legal heirs of the deceased, in default whereof to further undergo R.I. for six months each.
2. Aggrieved by their above noted conviction and sentence, the convicts/appellants have filed the instant appeal, whereas the learned trial Court has made a reference bearing Murder Reference No, 729 of 2002, seeking confirmation or otherwise of death sentence imposed upon the convicts/appellants. Both these matters are being decided through this judgment.
3. During the pendency of the instant appeal, Criminal Misc. No, 623-M of 2008 was filed by the appellants seeking their acquittal on the basis of compromise arrived at between them and the legal heirs of the deceased. Copy of the said application along with its annexures was sent to the learned Sessions Judge, Vehari, to verify the voluntariness and genuineness of the compromise and also to safeguard the interest of the minor heirs, if any.
3A. As per report of the learned Sessions Judge, Vehari, dated 1.4.2008, the deceased has been survived by three legal heirs namely Mst. Waziran-widow, Mst. Sadia Mumtaz-daugther and Qaisar Shahzadminor son. It has been mentioned in the report that Mst. Waziran Bibi and Mst. Sadia Mumtaz have entered into a compromise with all the three convicts/appellants and proclaimed offender Ahmad Yar; that Qaisar Shahzad minor is in lawful custody of Mst. Waziran Bibi, therefore, on his behalf, his mother Mst. Waziran has effected compromise; that both Mst. Waziran Bibi and Mst. Sadia Mumtaz have received their shares in the sum of Rs, 1,06,250/- and Rs, 2,47,917/- respectively as Badl-e-Sulah while the share of the minor Qaisar Shahzad amounting to Rs, 4,95,833/- has been spent on purchase of plot measuring ten marlas through registered sale-deed dated 17.3.2008 (copy placed on the record) and Defence Saving Certificates and the remaining amount of Rs, 833/- has been paid to his mother. According to the learned Sessions Judge, the legal heirs of the deceased and the convicts including Ahmad Yar (PO) have entered into a voluntary and genuine compromise.
4. Today, all the above noted legal heirs are present before this Court with their learned counsel.
Mst. Waziran Bibi and. Mst. Sadia Mumtaz, the adult legal heirs of the deceased, have one by one vertified the report of the learned Sessions Judge and have stated that they have entered into a compromise with the convicts/appellants and have already received their respective shares of Badl-e-Sulah, while the share of minor Qaisar Shahzad has been spent on purchase of a ten marlas plot and Defence Saving Certificates. They have further stated that they have entered into the compromise with the appellants, with their own free will and without any coercion and undue influence, and have no objection to the acquittal of the appellants. We are satisfied that compromise arrived at between the parties is voluntary and genuine and that the interest of the minor Qaisar Shahzad has also been safeguarded. Therefore, the compromise is blessed with acceptance and the instant criminal miscellaneous application is allowed.
5. In view of the above, this appeal is accepted on the basis of compromise arrived at between the convicts/appellants and the legal heirs of the deceased; the impugned judgment of the learned trial Court is set aside. The appellants are acquitted of the charge levelled against them. They shall be released forthwith, if not required in any other case. The death sentence is not confirmed.
Murder Reference is answered in the negative.