' This judgment shall dispose of above titled criminal appeal filed by Umer Hayat, appellant/convict challenging his conviction and sentence.
2. Umer Hayat, appellant/convict alongwith another was tried in case FIR No, 246 dated 4.7.1999 registered under Sections 302/34, PPC at Police Station Harappa, District Sahiwal for causing Qatl- e-Amd of Murtaza, son of the complainant. At the conclusion of the trial learned Additional Sessions Judge, Sahiwal vide his judgment dated 26.6.2002 convicted and sentenced the appellant Umer Hayat under Section 302(b)/34, PPC to imprisonment for life. He was also directed to pay Rs, 50,000/- as compensation in terms of Section 544-A, Cr.P.C. To the legal heirs of the deceased and in case of default thereof to undergo further imprisonment for six months R.I. Benefit of Section 382- B, Cr.P.C. Was, however, extended to the appellant.
3. Umer Hayat, appellant/convict has challenged his conviction and sentence through the instant criminal appeal. During the pendency of this appeal he moved an application under Section 345, Cr.P.C. Vide Criminal Miscellaneous No, 394-M of 2014 seeking permission to effect compromise as legal heirs of the deceased Murtaza have compounded the offence and have waived of their right of Qisas and Diyat in the name of Allah Almighty and they have no objection if he is acquitted of the charge against him.
4. Vide order dated 17.4.2014 learned Sessions Judge, Sahiwal was directed to, submit report about genuineness of the compromise arrived at between legal heirs of the deceased and the appellant/convict. According to the report of learned Sessions Judge, Sahiwal dated 8.5.2014 deceased Murtaza was unmarried at the time of death and was survived by his parents i.e, Muhammad Yar (father) and Mst. Amiran Bibi (mother). They appeared and made statements before learned Sessions Judge, Sahiwal that they have forgiven the appellant/convict and have waived of their right of Qisa s and Diyat in the name of Allah Almighty voluntarily and with their free consent and have no objection if the appellant is acquitted of the charge. The learned Sessions Judge is satisfied that the compromise has been effected voluntarily and without fear or duress.
5. Learned Additional Prosecutor General appearing on behalf of the State after having gone through the entire record has verified that the compromise arrived at between the parties is genuine.
6. In view of the above, I am satisfied that the compromise effected between the parties is voluntary, genuine and without duress, threat or, coercion. It makes belief that parties have settled down the matter in order to rehabilitate them by burying hatchets forever and as such compromise has been completed. Therefore, in the interest of justice with a view to promote peace and harmony in the society, permission to compound the offence of Qatl-i-Amd of deceased.
Murtaza is granted.
7. There are no circumstances attracting fasa d-fil-arz available on record that action under Section 311, PPC is required to be taken against the accused-convict.
8. In view of the above, Criminal Appeal No, 630 of 2002 is accepted on the basis of compromise by legal heirs of the deceased. Resultantly the conviction and sentence of Umer Hayat, appellant/convict vide judgment dated 26.6.2002 passed by learned Additional Sessions Judge, Sahiwal is hereby set aside and he is acquitted of the charge against him in terms of the compromise. Presently appellant is on bail, his bail bonds are discharged.