Ishaq and Mst. Hajra Bibi appellants were tried by the learned Addl. Sessions Judge, Sahiwal who vide judgment dated 21.03.201 1 convicted and sentenced them as under:-- Muhammad Ishaq (Ishaq) appellant U/S. 302(c), PPC He was sentenced to 25-years R.I. with compensation of Rs, 3,00,000/- to be paid by him to the legal heirs of Muhammad Yousaf deceased u/S. 544-A, Cr .P.C. and in default whereof to further undergo six months S.I.
U/S. 337-A(i), PPC He was Further sentenced to two years R.I. for causing injury to Muhammad Ali along with Daman Rs, 5000/- Mst. Hairan Bibi Appellant U/S. 337-A(II), PPC She was sentenced to 5-years R.I. along with Arsh, which was ordered to be 5 % of Diyat.
Sentences of appellant Ishaq was ordered to be run concurrently with benefit of Section 382-B, Cr.P.C., to both the appellants.
Whereas co-accused Walia was also convicted but after serving out his entire sentence had been released as stated by learned DPG in case FIR No, 115 dated 20.02.2010 under Sections 302/34, PPC later on added offences u/S. 337-A(i), 337-A(li), 337-F(i), PPC, Police Station Famed Town, District Sahiwal.
2. During the pendency of the above said appeal, appellants through their counsel have moved Crl.Misc.No, 1431 of 2018 u/S. 345, Cr.P.C. to effectuate the compromise arrived at between the legal heirs of the deceased and the convicts/appellants which was referred to learned Sessions Judge, Sahiwal vide order dated 06.12,2018 for submission of his report to ascertain the genuineness and voluntary nature of the above said, compromise with further direction that the interest of minors, if any , shall also be safeguarded.
3. In pursuant of the above said order of this Court, the learned Sessions Judge, Sahiwal has submitted his report dated 14.01.2019, which is as under: "In compliance of order passed by Hon'ble Lahore High Court, Multan Bench Multan dated 06.12.2018 and conveyed through letter No, 37662/Crl. dated 12.12.2018, on the subject cited above, it is submitted that having received above hinted letter reports regarding legal heirs of deceased Muhammad Yousaf was requisitioned from SHO Police Station Farid Town and Revenue Officer concerned. As per reports submitted by the SHO Mark-A and Revenue Of ficer concerned Mark-B, deceased was survived by following legal heirs:-
1. Noor Ahmad (brother)
2. Muhammad Yasin (brother)
3. Mst. Gulsban Bibi (widow)
As per reports two real sisters of the deceased namely Mst. Naziran Bibi, Mst. Hanifa Bibi and one brother Manzoor Ahmad have already died and the deceased was issueless. Legal heirs of the deceased, namely Noor Ahmad, Muhammad Yasin and Mst. Gulshan Bibi were summoned and their statements have been recorded. All three legal heirs have stated in their statements in categorical terms that they have forgiven all convicts in the name of Allah Almighty and compounded the offence besides waiving their right of Qisas and Diyat , if any, with their own free will, without any compulsion or coercion. All of them, have also stated before this Court that convict persons are closely related to them and in order to live in peace and harmony in future, they have entered into compromise with the convicts and have no objection if Muhammad Ishaq and Mst. Hajran Bibi convicts are acquitted. They further stated that the deceased died issueless and there is no other legal heir of the deceased except the.
2. In view of statements of legal heirs of the deceased namely , Noor Ahmad. Muhammad Yasin and Mst. Gulshan Bibi, I am satisfied that compromise arrived at between the parties is complete and genuine.
3. Report along with list of legal heirs submitted by SHO and Revenue Officer concerned Mark-A, Mark-B respectively , statements of the legal heirs, affidavit of Mst. Gulshan Bibi Mark-C and conducted proceedings are submitted for kind perusal, please."
4. Statements of all the above noted major legal heirs of the deceased Muhammad Yousaf has been recorded by the learned Sessions Judge, Sahiwal. All the major legal heirs (Noor Ahmad, Muhammad Yasin (brothers) and Mst.
Gulshan Bibi (widow)) of the deceased have deposed that they had entered into a compromise with all the appellants in order to live in harmony and peacefully in future and forgiven them in the name of Allah Almighty with their freewill, consent and without any influence or duress while waiving their right of Qisas and Diyat and they have no objection if they are acquitted. They further stated that Muhammad Yousuf deceased was issueless and there is no other legal heirs except hinted above.
5. The learned DPG has also confirmed the compromise being genuine.
6. So far as injuries on the persons of Muhammad Ali injured PW-2 and Muhammad Aziz injured PW-3 are concerned, perusal of their MLRs Exh.P S and Exh.PR respectively show that they were medically examined on 19.02.2010 at 8.15 p.m. wherein FIR No, 115 of 2010 was mentioned which was not registered at that time rather was registered on 20.02.2010 which shows that the above said injuries on the persons of both the PWs are result of fabrication and were prepared to show them as injured witnesses of the occurrence. Muhammad Yasin complainant PW -1 present in the Court has confirmed the factum of compromise between the parties.
7. For the foregoing reasons, this appeal is allowed, convictions and sentences of the appellants (Ishaq and Mst.
Hajra Bibi) are set-aside and they are acquitted of the charges, they are present on bail, their bail bonds stand discharged. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.