The present appeal is directed against the judgment, dated 11-11-1991, whereby Zia-ur-Rehman; Additional Sessions Judge, Lahore, had convicted the appellant under section 302, P.P.C. And sentenced him to imprisonment for life and a fine of Rs.10,000 or in default thereof to further rigorous imprisonment for one year.
2. The appellant had faced trial for an offence under section 302, P.P.C. Under F.I.R. No.412/89, registered at Police Station Kahna, regarding the murder of Muhammad Mushtaq.
3. Briefly stated the case of the prosecution was that on 30-9-1989 at evening time Muhammad Mushtaq son of Muhammad Sharif Joyia was standing in front of his Haveli in village Chaidu, when Muhammad Abbas accused/appellant came on a tonga from the side of Kahna and shouted Lalkara that he would teach a lesson of the scuffle and fired a shot from his pistol hitting Muhammad Mushtaq, deceased, on lower left side of stomach. Muhammad Mushtaq fell down on which the accused fired second shot which hit him along right lower flank. Muhammad Mushtaq raised noise on which Baqir and Arif P.Ws. Came to the spot but the accused ran away alongwith weapon. Motive as stated in the F.I.R. Is that 2/3 months earlier complainant and the accused had an altercation due to which they were not on speaking terms with each other. The accused nursed grudge against him and thus made murderous assault.
4. At the trial the appellant was convicted and sentenced by the learned trial Court, against which the present appeal has been filed by him as stated above.
5. The learned counsel for the appellant submitted that the parties have effected a compromise in accordance with the provisions of section 345(2), Cr.P.C. And have submitted the compromise deed (Annexure `A') and their respective affidavits in respect thereof i.e. Annexure "B', by Mst.
Ghulam Fatima, the mother of the deceased Muhammad Mushtaq, Annexures `C', `D' and `E' by three real brothers of the said deceased, namely, Muhammad Asghar, Muhammad Arif and Muhammad Turail, respectively, and Annexures `F and `G' by two real sisters of the said deceased, namely, Mst. Surraya Begum and Mst. Safia Begum, respectively. According to the compromise arrived at, the Walis/legal heirs have forgiven the appellant, Muhammad Abbas, for the murder of the deceased, Muhammad Mushtaq, in the name of Almighty Allah, without any Diyat/compensation or `Badl-e-Sulah'.
6. The Walis/legal heirs, present in the Court have in their individual statements confirmed the compromise arrived at, as stated above, and have reiterated that they have forgiven the appellant, Muhammad Abbas, for the murder of the deceased, Muhammad Mushtaq, without any Diyat/compensation or `Badl-e-Sulah'.
7. In view of what has been stated above, as the Walis/legal heirs of the deceased, Muhammad Mushtaq, have forgiven the appellant, Muhammad Abbas, for the murder of Muhammad Mushtaq deceased in the name of Almighty Allah without any Diyat/compensation or `Badl-e-Sulah', therefore, in accordance with the provisions of subsection (2) of section 345, Cr.P.C. The present appeal is allowed and the impugned judgment is set aside. Resultantly, the appellant is hereby acquitted of the offence charged. He is directed to be set free forthwith, if not required to be detained in any other case.
S.A./M-222/L