Mumtaz son of Sardar Muhammad, Gulsher son of Yar Muhammad, Noor Samand son of Sarwar and Muhammad Abbas son of Nama had been tried by the learned Additional Sessions Judge, Sahiwal for the murder of Riaz alias Liaqat Ali deceased in private complaint filed by Khan Muhammad, father to the deceased under Sections 148, 302, 364 read with Section 149 P.P.C. The learned trial Judge by virtue of his judgment dated 19.1.2007 found them guilty of the said charge, convicted and sentenced them as under:--
(I) UNDER SECTION 302(b)/149 P.P.C.: All the four accused to undergo imprisonment for life each with further direction to pay a sum of Rs, 50,000/- each to the legal heirs of the deceased as compensation under Section 544-A Cr.P.C. or in default of payment thereof to further undergo rigorous imprisonment for six months each.
(II) UNDER SECTIONS 364 P.P.C.: Noor Samand accused to undergo rigorous imprisonment for ten years with a fine of Rs, 1,00,000/- or in default of payment thereof to further undergo rigorous imprisonment for six months.
(III)UNDER SECTION 148 P.P.C.
All the four accused to undergo rigorous imprisonment for three years each.
All the sentences had been ordered to run concurrently. Benefit of Section 382-B Cr.P.C. was also extended to them.
2. Mumtaz and Gulsher Ali convicts by filing Criminal Appeal No, 37 of 2007, whereas Noor Samand convict by filing Criminal Appeal No, 54 of 2007 have called in question the convictions and sentences awarded to them through the impugned judgment dated 19.1.2007. During pendency thereof, applications under Sections 309/310 P.P.C. read with Sections 345 and 561-A Cr.P.C. bearing Crl. Misc. Nos, 816/M & 813/M of 2007, respectively were filed on behalf of the appellants in both the appeals seeking their acquittal on the basis of compromise arrived at between the parties.
3. The learned Sessions Judge, Sahiwal was asked to submit his report in both the matters with regard to the genuineness of the compromise which he has submitted. A perusal thereof reveals that Riaz alias Liaqat Ali deceased was survived by Muhammad Khan (father), Mst. Sobia Bibi (widow), Muhammad Bilal, Muhammad Shahzad and Muhammad Tahir (minor sons). All the major legal heirs had appeared before the learned Sessions Judge and had go recorded their statements deposing therein that they had arrived a compromise with the appellants voluntarily and without receiving any compensation and that they had forgiven them in the name of Almighty Allah waiving their right of Qisas and Diyat. They further stated that they did not have any objection to the acquittal of the appellants.
4. Insofar as Muhammad Bilal, Muhammad Shahzad and Muhammad Tahir, minor sons of the deceased are concerned, it has been reported that Diyat amount to their extent (Rs, 86,000/- each) has-been deposited in the shape of purchase of Defence Saving Certificates in their names.
It was also directed that the minors will be entitled to draw/encash the said Certificates on attaining majority. In these circumstances, I am of the view that the interest of the minors has duly been safeguarded.
5. Keeping in view the aforesaid situation, I am satisfied with regard to the genuineness and correctness of the legal heirs of the deceased and voluntary nature of the compromise arrived at between the parties.
6. In these circumstances, I set aside the conviction and sentence of the appellants under Section 302(b)/149 P.P.C. and acquit them of the said charge.
7. As regards convictions of the appellants under Sections 148, 364 P.P.C, the said offences are not compoundable. However, the learned counsel for the appellants while relying on the case of Ghulam Ali v. The State and another (1997 SCM R 1411), submitted that since the parties have arrived at a compromise for the main charge and the legal heirs of the deceased have forgiven the appellants waiving their right of Qisas and Diyat, the sentences of the appellants under Sections 148, 364 P.P.C. be reduced to the period already undergone by them, as they had been facing the agony of protracted trial since the year 2005 and have served out more than one year's imprisonment. The learned Deputy Prosecutor-General Punjab appearing on behalf of the State and the learned counsel for the complainant have no objection to the prayer made by the learned counsel for the appellants.
8. Keeping in view the aforesaid situation, I am of the view that since the appellants have been acquitted of the charge of murder in view of the compromise arrived at between the parties, reduction in the sentences of the appellants under Sections 148, 364 P.P.C. to the period already undergone by them would be quite justified. Order accordingly. The sentence of fine imposed under Section 364 P.P.C. on Noor Samand appellant is also reduced to Rs, 50,000/- from Rs, 1,00,000/- and in case of non-payment thereof he will undergo simple imprisonment for three months.
9. These appeals as also Crl. Misc. Nos, 816/M & 813/M of 2007 stand disposed of in the above terms.