ASIF SAEED KHAN KHOSA, C.J .
Criminal Appeals Nos. 113-L and 114-L of 2015 and Criminal Miscellaneous Applications Nos. 341-L and 342-L of 2018 Shahzad Ali alias Sajjad appellant in Criminal Appeal No.113-L of 2015 and Sajid Ali and Mubarik Ali appellants in Criminal Appeal No. 114-L of 2015 and some others had allegedly murdered two persons namely Rimsha Bibi and Kashifa Bibi and had also injured two others namely Mst. Iram Shahzadi and Muzammal Hussain in an incident taking place at about 08.30 p.m. on 24.11.2006 in Chak No. 206/RB in the area of Police Station Khurrianwala, District Faisalabad in the backdrop of a motive according to which a day prior to the present occurrence dogs belonging to the rival parties had fought with each other resulting in an altercation between the parties. With these allegations the appellants and their co-accused were booked in case FIR No. 1209 registered at the above mentioned Police Station during the same night and after a regular trial Shahzad Ali alias Sajjad appellant was convicted by the trial court on two counts of an offence under section 302(b), P.P.C. read with section 34, P.P.C. and was sentenced to death on each count and to pay compensation. besides having been convicted and sentenced for an offence under section 324, P.P.C. read with section 34, P.P.C. The said appellant challenged his convictions and sentences before the High Court through an appeal which was dismissed and all his convictions and sentences recorded by the trial court were upheld and maintained except his sentences of death on two counts of the charge pertaining to murder which sentences of death were reduced by the High Court to imprisonment for life on two counts. Sajid Ali and Mubarik Ali appellants were also convicted by the trial court on two counts of an offence under section 302(b), P.P.C. read with section 34, P.P.C. and were sentenced to death each on each count and to pay compensation besides having been convicted and sentenced for an offence under section 324, P.P.C. read with section 34, P.P.C. and sections 334 and 336, P.P.C. The said appellants also challenged their convictions and sentences before the High Court through an appeal which was dismissed and all their convictions and sentences recorded by the trial court were upheld and maintained except their sentences of death on two counts of the charge pertaining to murder which sentences of death were reduced by the High Court to imprisonment for life each on each count. Hence, the present appeals by leave of this Court granted on 25.1 1.2015.
2. During the pendency of these appeals Criminal Miscellaneous Applications Nos. 341-L and 342-L of 2018 were filed before this Court seeking acquittal of the appellants on the basis of a compromise between the parties. The matter of compromise was referred by this Court to the learned District and Sessions Judge, Faisalabad for its verification. The report dated 12.02.2019 received from the learned District and Sessions Judge, Faisalabad shows that the compromise between the parties is complete to the extent of Rimsha Bibi deceased as well as the two injured victims namely Mst. Iram Shahza di and Muzammal Hussain but the same is incomplete to the extent of Kashifa Bibi deceased whose husband has already forgiven the appellants but the brothers and sisters of the said deceased have so far failed to forgive the appellants or to enter into any compromise with them.
3. We have been informed that Mubarik Ali appellant in Criminal Appeal No. 114-L of 2015 has already died and, thus, the said appeal has abated to his extent and the same is dismissed as such as far as Mubarik Ali appellant is concerned.
4. As already observed above, the compromise between Shahzad Ali alias Sajjad and Sajid Ali appellants is complete to the extent of Rimsha Bibi deceased as well as two injured victims namely Mst. Iram Shahzadi and Muzammal Hussaih whereas the same is incomplete to the extent of Kashifa Bibi deceased whose husband has already forgiven the appellants but her brothers and sisters have so far failed to forgive the appellants or to enter into any compromise with them. In the context of Kashifa Bibi deceased we have observed that admittedly both the present appellants namely Shahzad Ali alias Sajjad and Sajid Ali had not caused any injury to Kashifa Bibi deceased and she had been injured only by Mubarik Ali co-convict who has already died. The record shows that the present appellants were not connecte d with the motive set up by the prosecution and the said motive had also been ruled out of consideration by the High Court. The alleged recoveries affected from the appellants during the investigation were legally inconsequential because no crime-empty had been secured from the place of occurrence connecting the recovered firearms with the alleged offences. In the absence of proof of the alleged motive sharing of common intention by the present appellants with their co-convict namely Mubarik Ali for the purposes of killing two persons and injuring two others in the present incident has been found by us to be quite suspect. It appears that something had happened at the spot leading to the present occurrence and it could well be that in such a sudden occurrence every accused person might have been responsible for his own individual act. In these circumstances, particularly when there is no evidence available regarding sharing of common intention by the present appellants with their co-convict namely Mubarik Ali, we have found it difficult to sustain the convictions and sentences of the appellants vis-a-vis the murder of Kashifa Bibi who had not been harmed by the present appellants at all.
5. For what has been discussed above Criminal Miscellaneous Applications Nos. 341-L and 342-L of 2018 are allowed and the compromise between the heirs of Rimsha Bibi deceased and two injured victims namely Mst. Iram Shahzadi and Muzammal Hussain and the present appellants is accepted with the consequence that Criminal Appeals Nos. 113-L and 114-L of 2015 are allowed and all the sentences of the appellants for the murder of Rimsha Bibi and for injuring Mst. Iram Shahzadi and Muzammal Hussain are set aside on the basis of the compromise. As regards the murder of Kashifa Bibi these appeals are allowed and the convictions and sentences of the appellants on the count pertaining to the said murder are set aside on the merits of the case. The appellants shall be released from the jail forthwith if not required to be retained In connection with any other case.
Criminal Miscellaneous Application No. 416-L of 2013
6. This miscellaneous application is allowed in the terms prayed for therein. Disposed of.
Criminal Appeal No. 1 12-L of 2015
7. The learned counsel for the appellant/complainant has stated that he has instructions to withdraw this appeal.
This appeal is, therefore, dismissed as having been withdrawn.