' ASIF SAEED KHAN KHOSA, J.---Rafaqat Ali appellant was tried by the learned Additional Sessions Judge, Faisalabad for an offence under section 302, P.P.C. For the murder of his father namely Liaquat Ali, during the trial a compromise had been effected between the heirs of Liaquat Ali deceased and the appellant and, thus, vide judgment, dated 4-6-2003 the appellant was acquitted of the charge subject to deposit of Rs,2,62,500 towards payment of Diyat to the minor heirs of the deceased. The only major heir of the deceased, i.e, Mst. Bashiran Bibi (widow) had appeared before the learned trial Court and had stated that she had granted afv to the appellant without receiving any Badl-eSulh. The appellant has challenged the said judgment passed by the learned trial Court through the present appeal.
2. During the pendency of this appeal Criminal Miscellaneous No,2020-M of 2003 had been filed before this Court seeking acquittal of the appellant and his release from the jail on the ground that he has already compensated the minor heirs of the deceased through transfer of some agricultural property. We had referred the matter of compromise to the learned District and Sessions Judge, Hafizabad for its verification. The report dated 20-1-2004 submitted in that regard by the learned District and Sessions Judge, Hafizabad shows that Liaquat Ali appellant was survived by his widow namely Mst. Bashiran Bibi and five minor daughters of the deceased. During the trial Mst. Bashiran Bibi had got her statement recorded before the learned trial Court to the effect that she had already forgiven the appellant in the name of Almighty Allah - and it was in these circumstances that the appellant was acquitted of the charge by the learned trial Court subject to his payment of Diyat to the minor heirs of the deceased. During the pendency of this appeal some agricultural property has already been transferred by the appellant in favour of five minor daughters of the deceased and according to the report the value of such agricultural property is not less than the amount of Diyat payable to the said minor heirs of the deceased. In this view of the matter the learned District and Sessions Judge, Hafizabad had felt +satisfied regarding the genuiness, voluntariness and completion of the compromise between the parties.
3. After going through the report submitted by the learned District and Sessions Judge, Hafizabad we have found no occasion for not accepting or not acting upon the compromise between the parties. The sole major heir of the deceased had already forgiven the appellant and the minor heirs of the deceased have now been adequately compensated by the appellant. Criminal Miscellaneous No,2020-M of 2003, is therefore, accepted, Criminal Appeal No,1176 of 2003 is allowed and it is clarified that the condition imposed by the learned trial Court upon the acquittal of the appellant has already been satisfied by the appellant. He shall, therefore, be released from the jail forthwith if not required in any other case.