SARDAR MUHAMMAD DOGAR, J.--- Ghulam Rasul, Riaz Khan, Allah Dad Khan, Samad Khan and Ghulam Muhammad were tried by the Additional Sessions Judge, Mianwali, under section 302/34, P.P.C. For having murdered Bashir Khan on 14-5-1985 in village Behu, within the area of Police Station Isakhel.
2. Learned trial Judge vide judgment, dated 25-3-1990 convicted Ghulam Rasul, Allah Dad, Riaz Khan and Samad Khan under section 302/34, P.P.C. And sentenced Ghulam Rasul to death, plus to pay a fine of Rs.10,000 in default whereof to undergo R.I. For 6 months.
Riaz Khan, Allah Dad and Samad Khan were sentenced to imprisonment for life, plus to pay a fine of Rs.10,000 each, in default whereof to undergo R.I. For 6 months each.
Allah Dad and Samad Khan were also convicted under section 323/34, P.P.C. For having caused injuries to Mst. Islam Roshan Bibi and Ata Muhammad Khan P.Ws. And sentenced to undergo R.I. For one year each on each count.
Ghulam Muhammad their co-accused was acquitted vide same judgment.
3. The convicts have filed appeal. Learned trial Judge has made reference for confirmation of death sentence. Both the matters are being disposed of together.
4. Criminal Miscellaneous No.280-M of 1991 was moved on behalf of the appellants that they had compromised with the heirs of the deceased. Their counsel was directed on 31-3-1991 to produce the heirs of the deceased to make statements in support of the plea of compromise.
5. Taj Muhammad Khan father of the deceased, Mst. Islam Roshan Bibi mother of the deceased, Nazir Muhammad Khan, Dost Muhammad Khan and Raza Muhammad Khan his brothers appeared today and made statements that they had compromised with the appellants and received a sum of Rs.1,90,000 as Sulah Bilbadl. Ata Muhammad Khan another brother of the deceased has not appeared. He is stated to be serving in the Coastguard Depot at Karachi. Taj Muhammad Khan father of the deceased holds power of attorney on his behalf, whereby he has been authorised to make statement on his behalf. Taj Muhammad Khan while making statement has also stated on his behalf of having compromised with the appellants. Taj Muhammad Khan also stated that Ata Muhammad Khan had compromised with Allah Dad and Samad Khan for having caused him (Ata Muhammad Khan) injuries. Mst. Islam Roshan Bibi while stating about the compromise also stated that she had forgiven Allah Dad and Samad Khan appellant for having caused her simple injuries.
All of them verified the fact that except them none else was the heir of the deceased. The parents categorically stated that the deceased was not married. Payment of Diyat money has been accepted.
6. By virtue of the Qisas and Diyat Ordinance, offence under section 302, P.P.C. Has been made compoundable. Consequent amendment in section 345, Cr.P.C. Has also been made. The compromise is accepted and the appeal is allowed, by way of acceptance of compromise. The appellants shall be released forthwith if not required in any other case.
Death sentence is not confirmed.