SADIQ MAHMUD KHURRAM, J.---Ghulam Nabi son of Bahawal Sher (appellant) was tried in case FIR. No. 119 of 2018 dated 07.03.2018 registered at Police Station Harappa, District Sahiwal in respect of offences under sections 302, 324, 450 and 34, P.P.C. for committing the Qatl-i-Amd of Iram Shahzadi (deceased). The learned trial court vide judgment dated 30.03.2019 convicted Ghulam Nabi son of Bahawal Sher (appellant/ convict) and sentenced him as infra:
1. Imprisonment for life under section 302(b), P.P.C. as ta'zir.
2. Rigorous imprisonment for five years under section 324, P.P.C. and directed to pay fine of Rs.10,000/-, in default thereof to further undergo simple imprison ment for three months.
3. The appellant namely Ghulam Nabi son of Bahawal Sher was extended the benefit provided under section 382- B of the Cr.P.C. All the sentences were ordered to run concurrently.
The co-accused of the appellant namely Ali Shan son of Khan Shameer and Safdar Ali son of Ghulam Muhammad were also convicted by the learned trial court and sentenced to rigorous imprisonment for a term of six months under section 448 of P.P.C. The other co-accused of the appellant namely Bahawal Sher and Falak Sher were however acquitted by the learned trial court.
2. Feeling aggrieved, Ghulam Nabi son of Bahawal Sher (convict) lodged Criminal Appeal No.580 of 2019 assailing the judgment dated 30.03.2019 passed by the learned Additional Sessions Judge Sahiwal, whereby the appellant was convicted and sentenced for of fences punishable under sections 302(b) and 324, P . P. C .
3. During pendency of appeal, the appellant moved an application under section 345, Cr.P.C. vide Criminal Miscellaneous No.1266-M of 2019 seeking permission to effect compromise as legal heirs of the deceased namely Iram Shahzadi had compounded the offence and had waived their right of Qisas and Fiqa Diyat in the name of Almighty Allah and they had no objection if the appellant was acquitted of the charge against him,.
4. Vide order dated 24.10.2019, the 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. According to the report of the learned Sessions Judge, Sahiwal dated 18.11.2019, deceased Iram Shahzadi was survived by the following legal heirs:--
1. Bahawal Sher (Father)
2. Mst. Rafia Bibi (Mother)
5 All major legal heirs appeared before the learned Sessions Judge, Sahiwal and got recorded their statements on oath that they have forgiven the appellant/convict and waived their right of Qisas and Diyat in the name of Almighty Allah voluntarily and with their free consent and have no objection if the appellant was acquitted of the charges. Similarly Mst. Fazeelat Bibi, the injured witness, also appeared before the learned Sessions Judge, Sahiwal and got recorded her statement on oath that she had forgiven the appellant convict and compounded the offence under section 324, P.P.C. of her own free will and consent in the name of Almighty Allah voluntarily and had no objection if the appellant was acquitted of the charges.
6. Learned Deputy 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.
7. In view of the above, I am satisfied that the compromise effected between the parties is voluntary, genuine, without duress, threat or coercion. Therefore, in the interest of justice with a view to promote peace and harmony between the families concerned as well as in the society, permission to compound the offence of Qatl-i-amd of deceased namely tram Shahzadi, and the offence of attempting to commit Qatl-i- amd of Mst. Fazeelat Bibi, the injured witness, is granted.
8. There,are no circumstances attracting provisions of section 311, P.P.C. as all the families have decided to live peacefully after forgetting unfortunate incident.
Accordingly Criminal Miscellaneous No.1766-M of 2019 is accepted. Subsequently Criminal Appeal No.580 of D 2019 is allowed on the basis of as compromise by legal heirs of the deceased and Mst. Fazeelat Bibi, the injured witness. Resultantly, conviction and sentences of the appellant namely Ghulam Nabi son of Bahawal Sher under section 302(b), P. P. C. and under section 324 P.P.C. for the offence of attempting to commit Qatl-i-Amd of Mst. Fazeelat Bibi, the injured witness passed by the learned Additional Sessions Judge, Sahiwal vide judgment dated 30.03.2019 are set aside. The appellant namely Ghulam Nabi son of Bahawal Sher is ordered to be acquitted. The appellant is directed to be released forthwith if not required in any other case.