Malla, Asghar, Ashraf and Ahmad were tried by the Additional Sessions Judge, Faisalabad for having murdered Liaquat Ali at 2-00 p.m. On 21-7-1988 in the fields in the area of Chak No.23, at a distance of 6 miles from Police Station Mamukanjan, District Faisalabad. They were convicted under section 302/34, P.P.C. Vide judgment, dated 4-1-1990, and sentenced to imprisonment for life each plus to .Pay a fine of Rs.10,000 each, in default whereof to undergo R.I. For 2 years each. Half of the fine on realisation was directed to be paid as compensation to the. Legal heirs of the deceased.
2. During pendency of appeal filed by them, a petition was moved for their acquittal on the basis of compromise entered into between them and legal heirs of the deceased.
3. Statements of Mst. Janat Bibi mother of the deceased, Muhammad Abbas his brother and Mst.
Wallan his sister were recorded today. They all stated on oath that they have compromised with the appellants and forgiven them in the name of Allah. Muhammad Abbas has also made statement on behalf of his brother Nausher as special attorney as he (Nausher) could not be produced in Court for being lodged in jail as a convict in the cross-case.
All of them categorically stated that the deceased was not married and that his father had died after his murder. They all claimed to be the only legal heirs of the deceased alongwith Nausher, his brother who was lodged in jail on having been convicted in the cross-case. As noted above Muhammad Abbas also made statement on his behalf as special attorney.
Nothing has come on record to hold that the compromise was not genuine or had been entered into under any misconception. No action under section 311, P.P.C. Is warranted in view of the circumstances of the case. The compromise entered into between the parties is, therefore, allowed and the appellants are acquitted by way of acceptance of compromise. They shall be released forthwith if not required in any other case.
S.A./M-229/L