KHALIL-UR-REHMAN RAMDAY, J.-Through a judgment dated 19.3.1989 of a learned A.S J. At Sheikhupura, Ilyas, Abbas, Ashraf and Zulfiqar were found guilty of the murder of Muhammad Aslam, Mst. Hafizan and Mst. Nusrat and each one of them was sentenced to death with a fine of Rs.
5,000/- or two years R.I. In default thereof besides which, each convict was also directed to pay a compensation of Rs. 10,000/-. These sentences were on three counts.
2. Through the same judgment the above-mentioned four convicts were also found guilty u/s 307/34 P.P.C, for launching a murderous assault on Mst. Yasmin and each one of them was punished with seven years R.I. Alongwith a fine of Rs. 5,000/- or sufferance of two years R.I. In default of payment of the said fine.
3. Each one of these four convicts was also convicted U/S 452 P.P.C, and was sentenced to five years R.I. With a fine of Rs. 3,000/- or to undergo one year R.I. In default thereof.
4. Murder Reference No. 65 of 1989 seeks confirmation of the sentence of death imposed on the above-mentioned convicts who in turn challenge their convictions and sentences above-noticed through Crl. Appeal No. 251 of 1969.
5. Both these matters are being disposed of together through this single judgment.
6. The occurrence in question which had taken place at about 9.00 p.m. On 3.5.1987 and which had witnessed three murders and a murderous assault on Mst. Yasmin, is the subject-matter of F.I.R. No. 23/87 of P.S. Narang Mandi of district Sheikhupura which was recorded on the basis of a statement of Atta Muhammad P.W. Who had alleged through the said statement that all the four accused persons came to the house of As1 am deceased while armed with 12 bore guns, whereafter; they fired shots with their respective guns which resulted in the death of Aslam, his wife Mst. Hafizan and their neighbour Mst. Nusrat and in injuries to Mst. Yasmin minor.
7. The occurrence in question had been reported to be the result of a dispute which had taken place between the parties on account of quarrel between Mst. Hafizan and Mst. Nusrat Bibi deceased on one side and the mother of Abbas appellant emanating from some hens.
8. During the pendency of the above proceedings in this Court, an application bearing Crl. Misc. No!
3/91 was moved submitting therein that the parties had compounded the offences in question and it was consequently prayed that the four appellants be acquitted accordingly.
9. Through an order passed on 17.9.1991, the production before this Court of the heirs of all the deceased persons and the victim of the murderous assault was directed.
10. Mst. Nusrat deceased is survived by Muhammad Sadiq (husband), Mst. Aasia, Mst. Nazir and Mst. Fauzia (minor daughters) and Mazhar Abbas (minor son).
11. Aslam and Mst. Hafizan deceased were husband and wife inter-se.
12. Mst. Hafizan is survived only by Mst. Yasmin (the minor daughter who was also injured in the occurrence in question), Mst. Sumaira (another minor daughter) and Nadeem (a minor son).
13. Besides the above-mentioned three minor children, Aslam deceased has left behind his father, Bahadur Ali and his mother Mst. Rustam Bibi.
14. The statement of above-mentioned Muhammad Siddique, the husband of Mst. Nusrat deceased has been recorded on his own behalf and as the WALI of his above-named minor children.
15. The statements of Mst. Rustam Bibi, the mother of Aslam deceased and Bahadur Ali, his father, have been recorded as heirs of Aslam deceased. The said Bahadur Ali being the paternal grand- father of the three minor children of Aslam and Mst. Hafizan deceased has also deposed as the WALI of the said three children and also as the WALI of Mst. Yasmin who was the injured victim of the occurrence in question.
16. Through these statements which have been separately recorded, it has been deposed that the heirs of the three deceased persons as also Mst. Yasmin, the surviving victim of the occurrence in question, have granted AFW to the four appellants and it has been prayed that the convict- appellants be accordingly acquitted.
17. Nothing exists on record to dissuade us not to acquit the four appellants in pursuance of the AFW granted to them by all the persons concerned.
18. Consequently, in view of the composition of the offences U/S 3(12/34 and U/S 307/34 P.P.C., the above-named four appellants of Crl Appeal No. 251 of 1989 are acquitted of the said charges as envisaged by section 345 Cr.P.C.
19. Besides the above-mentioned two charges, the four appellants also stand convicted and sentenced U/S 452 P.P.C.
20. Each one of them has been in custody for more than two years. Resultantly the convictions recorded against each one of them U/S 452 P.P.C, are maintained but the sentences of imprisonment of five years R.I. Imposed cm each one of them is reduced to the term of imprisonment already suffered by each one of them by extending to them the benefit of the provisions of section 382-B Cr.P.C. In view of the settlement reached between the parties, the amount of fine imposed on each one of these convict-appellants U/S 452 P.P.C., is set-aside. The conviction U/S 452 P.P.C, has been maintained because of the non-availability to the Court of the person entitled to compound the offence punishable U/S 452 P.P.C.
21. All the four appellants shall be set at liberty forthwith, if not required to be detained in any other case.
22. Murder Reference No. 65 of 1989 and Crl. Appeal No. 251 of 1989 are disposed of in the above terms.