' MUHAMMAD AHSAN BHOON, J.---This appeal is directed against the judgment, dated 13-6-2002 passed by the learned Additional Sessions Judge, Sargodha whereby he convicted the appellant under section 302(b), P.P.0 and sentenced him to death. He was also directed to pay compensation of Rs.50,000 to the legal heirs of Naveed Nazir deceased in case F.I.R No,185, dated 15-7-2000, offence under section 302, P.P.0 registered at Police Station, Urban Area, Sargodha.
2. During the pendency of the criminal appeal, a Criminal Appeal No,719-M of 2008 was moved seeking permission from the Court to the compromise arrived at between the legal heirs of the deceased and the accused. A copy of the said criminal miscellaneous was transmitted to the learned Sessions Judge, Sargodha for necessary verification about the genuineness and voluntariness of acclaimed compromise.
3. According to record both the parties' i.e, the appellant are legal heirs of the deceased are Christian by religion. The offence under section 302, P.P.0 is compoundable with permission of the Court as provided under subsection (2) of section 345, Cr.P.C. Wherein the offence mentioned in first two columns of the table may be compounded by a persons mentioned in 3rd Column of the table. It shows that section 302, Cr.P.C. Can be compounded by heirs of victim other than the accused. The right of compounding the offence has been granted to "Wali/ legal heirs" in case of murder. The definition of "Wali" is very much available in section 305, P.P.C. Which is reproduced hereunder: -- ' "Wali:-- In case of a Qatl, the Wali shall be
(a) the heirs of the victim, according to his personal law; (but shall not include the accused or convicted in case of Qatl-i-Amd if committed in the name or on the pretext of honour) and
(b) ..
' The above quoted provision would show that heirs of the deceased will be determined according to their personal law, according to which the Wali was widow and minor son of the deceased of whom widow has been appointed as guardian. Sections 32 and 33 of Succession Act, 1925 deals with the share of the inheritance of Christian deceased which is reproduced below:--
(32) Devolution of such property.----The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased in the order and according to the rules hereinafter contained in this chapter.
Explanation.---A widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate."
(32) Where intestate has left widow and lineal descendants or widow and kindred only, or widow and no kindred. Where the intestate has left a widow:--
(a) If he has left any lineal descendant, one third of his property shall belong to widow, and the remaining two thirds shall go to his lineal descendants, according to the rules hereinafter contained;
(b) (save as provided by section 33-A), if he has left no lineal descendant, but has left persons who are of kindred to him one half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules hereinafter contained;
(c) If he has left none who are of kindred to him, the whole of his property shall belong to his widow.
"
' The above-quoted rule of Christian law of inheritance and provisions of Succession Certificate Act, 1925 would show that in presence of lineal decedent and widow, the other relatives of the Christian deceased are excluded from his inheritance. So, in our view, widow and minor son are the only legal heirs of the deceased Naveed Nazir, who was Christian.
4. The report has been received from the learned Sessions Judge, Sargodha, according to which the learned Sessions Judge has declared the said compromise to be true, genuine and independent, having been arrived at by the parties inter se, voluntarily. He has also verified that Mst. Bushra (widow) and Sheroz, minor child, are the only surviving legal heirs of Naveed Nazir, deceased. He has further verified that Mst. Bushra widow has waived her right of Qisas and Diyat against the appellant and received Original Defence Saving Certificate of an amount of B Rs.1,93,667 as share of Diyat on behalf of minor son Sheroz being his guardian. She has pardoned the appellant on her behalf as well as on behalf of minor child being legal heirs without fear and duress, and have no objection on the acquittal of the accused-appellant. We are of the view that this compromise will not only pave the way for amicable living/settlement of the parties but this will promote peace and harmony in the locality.
5. In view of what has been stated above, we allow Criminal Miscellaneous No,719-M of 2008 and consequently, the appeal filed by the appellant-convict is allowed, the impugned judgment, dated 13-6-2002 passed by the learned Additional Sessions Judge, Sargodha is set aside the appellant is acquitted of the charge. The appellant is in Jail, he shall be released from Jail forthwith if not required in any other case.
' Murder reference is answered in negative. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.