SHAHID HAMEED DAR, J.---Shaukat Ali, Muhammad Sajjad Naseem, Muhammad Shahbaz Naseem and Muhammad Ashraf-appellants were tried by the learned Additional Sessions Judge, Chiniot, for the murder of Ghulam Mustafa deceased and the murderous assault upon Manzoor, Mumtaz, Sarwar and Amjad P. Ws. During the course of which, they were held guilty under sections 302(b), 324, 337-A(ii), 337-F(iii), 337-D, 148, P.P.C. By the learned trial Judge vide judgment dated 22-9-2011 and sentenced as under:-
(I) SHAUKAT ALI:
(i) Under section 302(b), P.P.C.: to death with the direction to pay a sum of Rs,1,00,000 to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. Or in default whereof to undergo simple imprisonment for six months.
(ii) Under section 324, P.P.C.: to rigorous imprisonment for ten years with fine of Rs,25,000 or in default whereof to undergo simple imprisonment for six months.
(iii) Under section 337-A(ii), P.P.C.: to rigorous imprisonment for five years with direction to pay Arsh (5% of Diyat) to Amjad, injured P.W.
(iv) Under section 337-F(iii), P.P.C.: to rigorous imprisonment for three years with direction to pay Daman to the injured P.W.
(v) Under section 148, P.P.C.: to simple imprisonment for three years.
(II) MUHAMMAD SAJJAD NASEEM:
(i) Under section 324, P.P.C.: to rigorous imprisonment for ten years with fine of Rs,25,000 or in default whereof to undergo simple imprisonment for six months.
(ii) Under section 337-D, P.P.C.: to rigorous imprisonment for ten years with direction to pay Arsh (1/3rd of Diyat) to Manzoor, injured P.W.
(iii) Under section 148, P.P.C.: to simple imprisonment for three years.
(III) MUHAMMAD SHAHBAZ NASEEM:
(i) Under section 324, P.P.C.: to rigorous imprisonment for ten years with fine of Rs,25,000 or in default whereof to undergo simple imprisonment for six months.
(ii) Under section 337-D, P.P.C.: to rigorous imprisonment for ten years with direction to pay Arsh (1/3rd of Diyat) to Mumtaz, injured P.W.
(iii) Under section 148, P.P.C.: to simple imprisonment for three years.
(IV) MUHAMMAD ASHRAF:
(i) Under section 324, P.P.C.: to rigorous imprisonment for ten years with fine of Rs,25,000 or in default where of to undergo simple imprisonment for six months.
(ii) Under section 337-F(iii), P.P.C.: to rigorous imprisonment for three years with direction to pay Daman to Muhammad Sarwar, injured P.W.
(iii) Under section 337-D, P.P.C.: to rigorous imprisonment for ten years with direction to pay Arsh (1/3rd of Diyat) to Muhammad Sarwar, injured P.W.
(iv) Under section 148, P.P.C.: to simple imprisonment for three years.
2. The convict-appellants by filing Criminal Appeal No,1509 of 2011 have called in question the impugned judgment, whereas the learned trial Court has submitted Murder Reference No,399 of 2011, under section 374, Cr.P.C. For confirmation of the death sentence awarded to Shaukat Ali- convict/appellant. Mst. Sajida Bibi-complainant preferred Criminal Revision No,1088 of 2011 seeking enhancement in the sentences of Muhammad Ashraf, Sajjad Naseem and Shahbaz Naseem- convicts. During pendency of these matters, an application under sections 338-E, 309, 310, P.P.C.
Read with section 345, Cr.P.C. Bearing Crl. Misc. No,2797/M of 2012 was filed on behalf of the appellants seeking their acquittal on the basis of compromise, consented to by the legal heirs of the deceased as well as the injured prosecution witnesses.. We propose to dispose of all these matters together through this single judgment.
3. A report with regard to the correctness of the legal heirs of the deceased and genuineness of the compromise between the parties was received from learned Sessions Judge, Chiniot in this Court, on 3-11-2012, the-perusal whereof reveals that Ghulam Mustafa deceased was survived by Wali Muhammad, the father, Mst. Sajida Bibi, the widow, Muhammad Haseeb, the son, Muhammad Sohail, the minor son, Mst. Samreen and Mst. Ambreen, the minor daughters. The major legal heirs appeared before the learned Sessions Judge and made statements in terms that they had effected compromise with the convict-appellants and forgiven them in the name of Almighty Allah by waiving their right of Qisas and Diyat. They further stated that they had no objection to the acquittal of the appellants of the charge of murder, on the basis of compromise.
4. Insofar as Muhammad Sohail, the minor son, Mst. Samreen and Mst. Ambreen, the minor daughters of the deceased are concerned, it appears that their interest has been properly safeguarded by way of investment of their pro-rata share of Diyat amounting to Rs,14,91,500, through purchase of Defence Saving Certificates in their names, the original whereof were handed over to their mother, Mst. Sajida Bibi, and Photostats thereof retained on the record with a note thereon that the aforesaid instruments would only be encashable, when they, the minor heirs, would attain the majority.
5. The injured P.Ws., namely, Manzoor, Mumtaz, Muhammad Sarwar and Amjad, initially, kept themselves away from the proceedings of compromise conducted by the learned Sessions Judge, Chiniot, therefore, the efforts for reconciliation fell through and it remained an un-accomplished affair.
6. The time went along and reached a stage, when the injured P.Ws. Also felt persuaded to join the campaign, launched by the elders/notable, for compromise and they showed their willingness to record the requisite statements, to compound the offence and accord the forgiveness to the appellants. Keeping in view their preparedness, the learned Sessions Judge, Chiniot was directed again by this Court to record the statements of the injured P.Ws. And submit a report as to the genuineness and voluntariness of the compromise, which resulted in submission of another report by him, bearing date 14-1-2013, the contents whereof revealed that all the injured P.Ws., but Amjad Ali P.W., who died in the meanwhile, appeared before the said Court to record their statements of compromise and forgiveness in the name of B Almighty Allah without claiming any Badl-e-Suleh from the appellants-convicts. The deceased injured P.W., Amjad Ali, was survived by Mst. Sughran Bibi, the mother, Babar Ali, Muhammad Ali, Muhammad Iqbal, Khawar Abbas, the brothers, and Mst.
Tahira Bibi, the sister, who also appeared before the learned Sessions Judge and rendered identical statements like the living injured P.Ws. And categorically stated that they had no objection to the acquittal of the appellants of the charge on the basis of compromise. Thus, the band of the injured P.Ws. Also compounded the offence like the legal heirs of the deceased, as noted above.
7. Learned Deputy Prosecutor General Punjab appearing on behalf of the State and learned counsel for the complainant submitted that since the parties have arrived at a compromise and the offences are compoundable with the consent of the Court and that the interest of the minor legal heirs of the deceased had been properly safeguarded, they have no objection to the acceptance of the appeal and acquittal of the appellants.
8. While keeping in view the aforesaid situation, we are satisfied with regard to the genuineness and voluntariness of the compromise, finalized between the parties. Insofar as interest of the minor legal heirs is concerned, suffice it to say, it has been meticulously and sufficiently safe-guarded through purchase of Defence Saving Certificates in their names, as noted above. Accordingly, we assent to the acclaimed compromise, leading to acceptance of Cr1. Misc. No.2797/M of 2012.
9. Resultantly, we allow this appeal, set aside the conviction and sentence of the appellants and acquit them of all the charges. Shaukat Ali-appellant is directed to be released from custody forthwith, if not required in any other case. Muhammad Sajjad Naseem, Muhammad Shahbaz Naseem and Muhammad Ashraf appellants are on bail and they stand discharged of their bail bonds.
10. The death sentence awarded to Shaukat Ali-appellant is NOT confirmed and Murder Reference No,399/2011 is answered in the negative.
11. Insofar as Criminal Revision No, 1088 of 2011 is concerned, it stands disposed of for the reasons supra.