1. AFTAB AHMED GORAR, J.---- Appellant Naimatullah son of Haji Khan Khakhrani was convicted through impugned judgment dated 16.08.2018 in Sessions Case No.657/2016, under section 201, P.P.C. and sentenced to suffer R.I. for seven years and to pay fine of Rs.20,000/- payable to the legal heirs of deceased and in default to suffer S.I. for six months more and under section 302(b), P.P.C. to undergo imprisonment for life as Ta'zir and to pay compensation of Rs.200,000/- to the legal heirs of deceased as provided under section 544-A, Cr.P.C.; in default thereof to suf fer S.I. for six months more.
2. During pendency of appeal, the appellant and legal heirs of deceased Mst. Imtiaz Khatoon filed applications under sections 345(2) and 345(6), Cr.P.C. Said applications were sent to trial Court vide order dated 13.02.2020 for ascertaining the legal heirs of deceased and genuineness or otherwise of the compromise after inviting objections through publication in daily "KAWISH " on the cost of the appellant and also to see whether the compromise arrived at between the parties is voluntary and without any coercion or compulsion and report. In compliance of the said order , the learned Additional Sessions Judge, Ratodero after holding enquiry submitted his report through letter No.ASJ/-826 of 2020, dated 18.03.2020, mentioning therein that:- "Mst. Mumtaz Khatoon (mother)/legal heir of deceased Mst. Imtiaz Khatoon has asserted that she had filed compromise application in the Honourable High Court of Sindh, Circuit Court, Larkana with accused Naimatullah Khakhrani (son) and had submitted affida vit with the compromise application. She has admitted and confirmed the compromise with accused Naimatullah Khakhrani is genuine one and had affixed her signature/R TI. It is submitted that legal heirs namely Haji Khan, Mohammad Nooh and Abdullah are shown accused in the FIR, hence they have not appeared to record their no objections or otherwise. However , share of minor legal heirs namely Sheral, Wakeel, Shakeel and Abdullah has not been deposited by the accused."
3. The father and brothers of deceased, namely , Haji Khan, Naimatullah (the appell ant) and Mohammad Nooh and Abdullah, having' been nominated as accused in this case, who are absconding, are not entitled to inherit any share out of the property of the deceased. However , acco rding to the report of learned trial Court, the appellant has not deposited the share out of Diyat in respect of minor legal heirs, namely , Sheral, Wakeel', Shakeel and Abdullah, who are brothers of deceased. In this context, the learned Counsel for the appellant submits that deceased Mst. Imtiaz Khatoon was an unmarried girl, hence after exclusion of father of deceased, namely , Haji Khan, being one of the nominated accused, to inherit any share out of Diyat amount, only the mother of deceased, namely , Mst. Mumtaz Khatoon, from among the members of deceased's family , was the sole surviving legal heir to possess all legal rights to compromise with the accused on any of the terms permitted by the law. In this context, he has relied upon the case of Bashir Ahmed v . The State (PLD 1995 Karachi 5 ), wherein it was held as under:- "However , I considered it appropriate to seek guidance from the views of religious scholars belonging to the same school of thought to which the deceased and his family belonged. The learned counsel for the applicant has assisted the Court by bringing on record the Fatawas (Religious decrees) from different religious institutions which show that all of them possess unanimous view that, in the present case, father of the deceased would inherit all the rights over the properties of the unmarried deceased, and remaining heirs, such as sisters or brothers, stand excluded from possessing anything of the deceased's property as legal heirs."
4. Notice was also published in daily "KAWISH " Hyderabad, dated 06.03.2020 to invite objections from general public. The learned Additional Sessions Judge recorded the statements of adult legal heirs of deceased, who in their statements have clearly stated that they have forgiven the appellant/accused being one of their family member in the name of Almighty Allah and have waived their right of Qisas and Diyat. They have recorded no objection to the acquittal of accused/appellant.
5. Today , Mst. Mumtaz Khatoon, mother of deceased Mst. Imtiaz Khatoon, has appeared. She states that she has forgiven the accused/ appellant voluntarily , without any coercion, compulsion or inducement and thereby she has waived her right of Qisas and Diyat.
6. In view of above circumstances, as the legal heirs of deceased Mst. Imtiaz Khatoon, has forgiven the appellant/accused and has prayed for acquittal of the appellant, I am satisfied that the compromise arrived between the parties is voluntary . Therefore, while placing reliance on the reported case of Bashir Ahmed (supra), the applications under section 345(2), Cr.P.C. for permission to compound the offence is allowed and in consequence thereof the compromise between the appellant and legal heirs of deceased Mst. Imtiaz Khatoon is accepted. The appellant is acquitted of the charge in terms of compromise. He is confined in jail. He shall be released forthwith if not required to be detained in any other case. Appeal stands disposed of in terms of compromise.