SARDAR MUHAMMAD RAZA KHAN, J.---In the instant case, Zia alias Ahmi has been convicted under .Section 302, P.P.C. For the commission of murder of Mst. Shehnaz Bibi and sentenced to death.
2. Parties have entered into compromise, the genuineness whereof has been ascertained by the learned District and Sessions Judge, Pakpattan Sharif. Under the directions of this Court, the learned Sessions Judge after having examined the legal heires of Mst. Shahnaz Bibi and other elders of the locality has submitted his report No, 273-SJ dated 21-4-2009 and has declared that the compromise is genuine.
3. The deceased had a minor daughter-Kiran Shaheen and a minor son-Sajjad Hussain. Defence Savings Certificates in their favour have been purchase as follows:- Sajjad Hussain (Minor Son)
(i) KB71 1835 Rs.100,000
(ii) KB71 1836 Rs.100,000
(iii) JA813774 Rs. 50,000
(iv) HE706862 Rs.10,000 Total 2,60,000 Kiran Shaheen (Minor Daughter)
(i) KB71 1837 Rs.100,000
(ii) HE706863 Rs.10,000
(iii) HE706864 Rs.10,000
(iv) HE706865 Rs.10,000 Total 1,30,000 The photocopies of the above Defence Savings Certificate shall be retained on the file of this Court.
Officer Incharge, National Savings Centre-2, Sahiwal is directed not to encash the above Defence Savings Certificates unless the minors, after attaining majority, produce a certificate from the Court of Guardian Judge concerned. Whereas the compromise is genuine, therefore, it is accepted under section 345(2), Cr.P.C. Read with section 338-E, P.P.C. On acceptance of such compromise Criminal Miscellaneous Application No, 86-L of 2009 in Criminal Petition No, 294-L of 2008, after conversion into appeal, is accepted. The impugned judgment dated 2-7-2008 of the High Court is set aside and the petitioner Zia alias Ahmi son of Maqbool Ahmed is hereby acquitted of the charge under section 302, P.P.C. If not required to be detained in any other cause, he is directed to be released forthwith.