' TASSADUQ HUSSAIN JILLANI, J.---This is an application praying that the parties have compromised in terms of which the legal heirs of deceased Nasim Aklitar have forgiven the appellant in the name of Allah Almighty. A report was sought from the District and Sessions Judge, Bahawalnagar which has since been received and it reads as follows:-- "According to the list of legal heirs of deceased Mst. Naseem Akhtar mark-D, submitted by. Station House Officer Police Station Minchinabad duly verified by the Tehsildar Minchinabad Mst. Naseem Akhtar deceased is survived by Muhammad Asghar husband, Muhammad Tufail father and Mst.
Amiran Bibi mother. Mst. Naseem Aklitar deceased died issueless. Except above said persons there is no other legal heir of the deceased. Muhammad Asghar husband . Of the deceased, Muhammad Tufail father and Mst. Amiran Bibi mother of the deceased have made their separate statements before the court regarding compromise. They have stated that they have compromised with the convict Ghulam Nabi and have forgiven him in the name of Allah Almighty without any bounty and without taking anything as Badl-e-Sulh. They have waived their right of Qisas, Diyat and compensation. They. Have no objection if the convict Ghulam Nabi is acquitted in this case. They have compromised with the convict with their free consent without any duress or undue influence from any corner. They have also owned the contents of their duly sworn affidavits mark-A, mark-B and mark-C submitted in the court. Statement of Tehsildar Minchinabad, Station House Officer, Police Station Minchinabad and two Lumberdars are also recorded and they all have verified the factum of compromise arrived at between the legal heirs of deceased and convict Ghulam Nabi. In this factual position I am of the opinion that compromise is quite valid and genuine of the legal heirs of the deceased Mst. Naseem Akhtar and convict Ghulam Nabi. Statements of the legal heirs, their affidavits, statements of Tehsildar, S.H.O. And Lumberdars and list of legal heirs of the deceased are also annexed herewith. Report is submitted as desired please."
2. Facts in brief are that appellant along with his co-accused Khurshid Bibi and Nadiya were tried by Additional District Judge, Bahawalnagar and in terms of the judgment dated 12-12-2002 while acquitting the two co-accused, he convicted Ghulam Nabi appellant under section 302(b), P.P.C.
And sentenced him to death. He was also burdened with an amount of Rs, 100,000 to be paid as compensation to the legal heirs of the deceased or in default to undergo SI for six months. The learned High Court dismissed the appeal in terms of the impugned judgment dated 28-5-2008 and the sentence of death awarded stands confirmed.
3. Learned Deputy Prosecutor-General submits that the appellant's conduct preceding the occurrence and the events leading to the murder would not warrant that this compromise be allowed and he be let off.
4. We have gone through the impugned judgment, the report of the District and Sessions Judge and have considered the submissions made by learned counsel for the appellant as also learned Deputy Prosecutor-General.
5. Admittedly the husband of Nasim Akhtar and all her legal heirs have pardoned the appellant in the name of Allah Almighty. The appellant at the time of occurrence was less than 20 years of age.
The compromise appears to be voluntary and effected to promote harmony between the families.
In these circumstances, this application is allowed. Consequently, Criminal Appeal No, 80 of 2009 is allowed, the impugned judgment dated 28-5-2008 passed by the learned High Court in case registered vide F.I.R. No,20 of 2002 dated 26-1-2002 under sections 302/109, P.P.C. At Police Station Minchinabad is set aside. The appellant is acquitted of the charge. He shall be released from jail forthwith unless detained in any other case.
Compromise allowed.