' MAZHAR HUSSAIN MINHAS, J.---The appellants, namely, Ghulam Abbas and Abdul Razzaq faced trial before Mr. Muhammad Latif Qureshi learned Judge Anti-Terrorism Court D.G. Khan for committing the Qatl-e-Amd of Hazoor Bakhsh in case F.I.R. No,39 dated 7-3-2006 for offences under sections 302/ 34, P.P.C. Read with section 7 of the Anti-Terrorism Act, 1997 registered in Police Station Civil Lines D.G. Khan. The learned trial Court vide its judgment dated 28-2-2007 convicted both the appellants to death under section 302(b), P.P.C. Read with section 7 ATA, 1997 they were also burdened with compensation of rupees two lacs to be paid to the legal heirs of the deceased under section 544-A, Cr.P.C. Failing which to suffer S.I. For six months.
2. Aggrieved by the conviction and sentences awarded by learned trial Court, the appellants have filed the aforesaid appeal, whereas the learned trial Court has sent Murder Reference No,1 of 2007 for confirmation or otherwise of the death sentence awarded to the appellants. During pendency of this appeal application bearing Criminal Miscellaneous No,46/M/2007 was filed on behalf of appellants seeking their acquittal on the basis of compromise arrived at between the parties. We propose to dispose of all these matters together through this single judgment.
3. The application was sent to the learned Sessions Judge, D.G. Khan to verify the legal heirs of the deceased, genuiness of the proclaimed compromise and to confirm as to whether the deceased was survived by any minor legal heir or not and if so whether his/her interest has been safeguarded or not. Report with regard to the aforesaid queries from the learned Sessions Judge has been received. A perusal of the report reveals that the deceased Hazoor Bakhsh was survived by following legal heirs:--
(i) Dargahi (father)
(ii) Mst. Sabina Mai (mother)
(iii) Mst. Parveen (widow)
(iv) Sana Ullah (minor son)
(v) Aman Ullah (minor son)
4. The learned Sessions Judge recorded statements of the adult legal heirs wherein they stated that they had forgiven both the appellants in the name of Almighty Allah and they have no objection if the appellants are acquitted. They further stated that land measuring 120 Kanals situated in Khata No,281 mouza Derkhast Jamal Khan Dermaini vide Mutation No,4980 dated 29-11- 2007 has also been transferred in their names as Badl-e-Sulh. It has been further reported that compromise is voluntary and genuine.
5. After going through the report of learned Sessions Judge, we are satisfied that legal heirs of the deceased have voluntarily and genuinely entered into compromise with the appellants after receiving land measuring 120 Kanals as Badl-e-Sulh and have forgiven them in the name of Almighty Allah. The land so transferred include the shares of minor sons of the deceased. Thus the interest of the minors stands duly safeguarded. However, we direct that the shares of the minors in the aforesaid land shall not be alienated further till their attaining majority. A copy of this judgment shall be sent to the concerned Revenue Authorities for record/compliance. The compromise will certainly promote harmonious living and maintain cordial relations between the parties. In this view of the matter, we set aside the conviction and sentence of the appellants recorded under section 302 (b), P.P.C. And acquit them of the said charge on the basis of compromise.
6. As regards conviction of the appellants in offence under section 7 Anti-Terrorism Act, 1997 which is non-compoundable, the (honourable Supreme Court of Pakistan in Ghulam Shabbir and 2 others v. The State (2003 SCMR 665), allowed the compromise in non-compoundable offences also as the parties had entered into compromise in substantive/ main offence of Qatl-e-Amd. Relying on this judgment a learned Division Bench of Sindh High Court, Karachi in Rana Dil Muhammad v. The State (2004 PCr.L.J 736) acquitted the appellant from the charge under section 7(1)(a) of ATA, 1997 besides the offences under sections 302/324 P.P.C., on the basis of compromise. Seeking enlightenment from the above-referred judgments, we allow the compromise in offence under section 7(a) ATA, 1997 also.
7. As sequel of above discussion, this appeal is allowed conviction and sentence of appellants is set aside and they are acquitted of the charges on the basis of compromise. They are ordered to be released forthwith, if not required in any other case. Death sentence awarded to them is not confirmed and Murder Reference is answered in the negative.