Muhammad Tariq Abbasi, J.--This single judgment is intended to decide the above captioned matters, as both are outcome of the same judgment dated 05.12.2017, passed by the learned Sessions Judge, Chakwal, whereby in case FIR No. 34, dated 18.07.2015, registered under Section 302/34 PPC, at Police Station Neela, District Chakwal, the appellant namely Hamid Ullah (hereinafter referred to as the appellant) was convicted under Section 302(b), PPC and sentenced to death on two counts, along with compensation of Rs. 3,00,000/- on each count, payable to legal heirs of the deceased namely Muhammad Aslam and Hameed Ullah, failing which to undergo simple imprisonment for six months on each count.
The appeal seeks setting aside of the impugned judgment, towards conviction and sentence of the appellant, whereas Murder Reference requires confirmation of death penalty , awarded to him.
3. During pendency of the matters, an application bearing Crl. Misc. No. 583-M/2019, has been moved, with the contentions, that as a compromise betwe en legal heirs of both the above named deceased and the appellant has been arrived at, henceon the basis of compromise, the appellant may be acquitted of the charge. To know the veracity of the above mentioned stance, the matter was referred to the learned Sessions Judge, Chakwal, where due proceedings were carried on. Abid Hussain and Ahmad Khan, brothers of Hameed Ullah deceased, have been confirmed as his legal heirs and successors, whereas Muhammad Aslam deceased has left the following, as legal heirs and successors:- i) Zohra Aslam - widow . ii) Somaya Aslam - daughter . iii) Sadia W aqas - daughter . iv) Sumaira Aslam - daughter . v) Saira Aslam - daughter . vi) Maira Aslam - daughter . vii) Muhammad W aleed - minor son.
4. The above mentioned legal heirs of Hameed Ullah deceased, through their respective statements, have deposed about forgiveness of the appellant, the murder of their predecessor-in-interest, in the name of Allah Almighty , without any compensation. Although major legal heirs of Muhammad Aslam dece ased, have also made such like statements, but in fact a land, measuring 12 Kanal, situated in Mauza Bhagwal, District Chakwal, has also been transferred in their name. The interest of Muhammad Waleed, the minor legal heir of Muhammad Aslam deceased has been safeguarded by paying Rs. 5,81,000/-, his share for diyat, in shape of Defence Saving Certificates.
Consequently , the learned Sessions Judge, Chakwal has held the compromise between the parties as genuine.
5. The offence under Section 302(b), PPC, for which the appellant has been convicted and sentenced as mentioned above, is compoundable in nature. All the legal heirs of the deceased have compounded the said offence with the appellant. The parties belong to the same area and they while burying their hatchets, have entered into compromise, in the above mentioned terms and now, they would definitely lead a harmonial life. This view has been affirmed by the Hon'ble Supreme Court of Pakistan in the case titled "Ghulam Shabbir and 02 other versus The State" (2003 SCMR 663 ).
6. Resultantly , the above mentioned application, for compromise is allowed and as a consequence, the appeal in hand is accepted , the impugned judgment is set aside and the appellant is acquitted of the charge, The appellant is in custody , therefore, it is directed that if not required to be detained in any other matter , he be released forthwith.
The disposal of the case property shall be as directed by the learned Trial Court, in the impugned judgment.
7. As a consequence, the Murder Reference No. 97/2017 is answered in negative and the death sentence awarded to the appellant, is not confirmed.