Criminal Miscellaneous No,1006-M of 2009 Requisite report froin the learned Sessions Judge, Dera Gahazi Khan has been received. He has opined' that all the legal heirs of deceased Muhammad Iqbal have pardoned the accused nominated in the F.I.R. Including the present applicant/appellant Muhammad Yousaf in the name of Almighty Allah and they have waived their right of Qissas and Diyat against them and they have no objection on their acquittal. He has also reported that the interest of the minor sons and the daughters of the deceased has been safeguarded by having Defence Saving Certificates in the sum of Rs,43,000 (Rupees forty-three thousand) in favour of each minor daughter and Rs,85,000 (Rupees eight-five thousand) each minor son. He has concluded that the compromise between the parties is genuirie and voluntary and there is no other legal bar in the acceptance of the same.
2. ' In view of such report, allowing the instant application the compromise between the parties is allowed and the same shall be given effect to in the main appeal.
Main Appeal
3. Since the parties have reached to a compromise, hence we proceed to decide the Murder Reference mentioned above and the criminal appeal by way of this single judgment as these have proceeded on common facts in the two.
4. The application moved by the appellant in this behalf has been accepted today vide our separate order and the compromise allowed.
5. On the basis of such compromise between the appellant and the legal heirs of the deceaseil and injured Abdul Razzaq the instant appeal is allowed and the impugned judgment to the extent of the appellant's conviction and sentence set aside and he is acquitted of the charge. He is in custody.
He be set at liberty forthwith, if not required in any other case. The death sentence is not confirmed.
6. The Murder Reference is answered in negative.