' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J, Appellant Shahid alias Shandio along with 2 others was tried in case F.I.R. No. 238, dated 20-5-2002 registered under section 302/34, P.P.C. At Police Station Hajipura, Sialkot by the Additional Sessions Judge, Sialkot who vide judgment, dated 22-5-2003 while acquitting co-accused convicted the appellant under section 302, P.P.C. And sentenced him to death as well as to pay compensation amounting to Rs.50,000 to the legal heirs of the deceased as required under section 544-A, Cr.P.C.
2. Calling in question his conviction and sentence appellant filed Criminal Appeal No. 992 of 2003 while trial Court has made a reference (M.R. 19 of 2004) seeking confirmation of death sentence of appellant. Both these matters are being disposed of together by this judgment.
3. During the pendency of appeal the appellant filed an application (Criminal Miscellaneous 354-M of 2004) seeking permission to effect compromise with the legal heirs of Abdul Hafeez alias Kukli deceased. The matter was referred to Sessions Judge, Silakot. In compliance thereof the Sessions Judge summoned both the parties as well as S.H.O. Concerned to ascertain the genuineness of compromise effected between the parties. Reportedly the deceased left behind Muhammad Rafique (father), Mst. Gulzaran Bibi (Mother), Mst. Rabia Bibi (widow) and his two minor children namely Qasim aged about 4 years and Mst. Zenab Bibi aged 2 years. The Sessions Judge recorded the statements of major legal heirs of the deceased. Reportedly all the major legal heirs of the deceased have compromised with the appellant and have forgiven Shahid alias Shahido appellant in the name of Allah Almighty by waiving their right of Qisas with their free-will and without any duress or coercison, and they have no objection if both the appellants are acquitted from the charge of murder of Abdul Hafeez deceased. So far as minor A children of the deceased namely Qasim (son) and Zenab Bibi (daughter) are concerned. Reportedly, diyat amount as per share of minor children i.e. Rs.1,12,500 and Rs.56000 has been received by Mst. Rabia Bibi in the shape of Defence Saving Certificate. She has also compromised with the appellant and has forgiven him on behalf of her minor children.
4. We have heard the learned counsel for the parties and have perused the report and are satisfied that the compromise has been has been done out of their free-will and consent. While taking into effected between the parties without any external pressure and the same account all the above mentioned facts and circumstances of this case we feel inclined to accept Criminal Miscellaneous 354-M of 2004 by allowing the compromise.
5. Resultantly, the instant appeal is accepted, the conviction and sentence of appellant is set aside and he is acquitted of the charge. The appellant who is in jail shall be released forthwith if not required in any other case.
' Death sentence of the appellant is not confirmed and the murder reference is answered in the negative.