' ABDUL HAMEED DOGAR, C.J.--- Criminal Miscellaneous Application No,272 of 2008 has been moved on behalf of the appellant that parties have compromised the matter and legal heirs of the deceased have forgiven the appellant in the name of Allah Almighty and have also waived the right of Qisas and do not claim Diyat amount. The compromise application was sent to District and Sessions Judge, Charsadda who after recording statements of legal heirs of the deceased namely Shah Jehan, Iftikhar, Farhad sons and Mst. Shazia daughter on oath, submitted that they have compounded the matter with the appellant in the name of Almighty Allah. He has also recorded the statement of Pir Muhammad elder of the locality, Muhammad Ashraf Khan, Nazim Union Council in this regard. Legal heirs of the deceased, namely Shah Jehan, Iftikhar, Farhad sons and Mst. Shazia daughter present in Court admit their above statements.
2. In view of the above Criminal Miscellaneous No,272 of 2008 is accepted and the parties are permitted to compound the offence. Accordingly, Criminal Appeal No,233 of 2007, is allowed and the conviction and sentence of death awarded to appellant Pir Muhammad is set aside. The jail authorities are directed to release the appellant, forthwith, if not required in any other case.##TE#