SH. RIAZ AHMAD, J: -- The appellant, Muhammad Saddique, alongwith seven others was tried by Mr. Sher Zaheer Ahmad Khan, Additional Sessions Judge, Sheikhupura, on the charges under section 302/307/148/149, P.P.C. For having committed the murder of Abdul Hameed alias Bhutto and murderous assault upon the complainant Muhammad Sharif and others. Vide judgment, dated 11-12-1989, the learned trial Court found only the appellant Muhammad Saddique guilty under section 302, P.P.C. And the other seven co---accused were acquitted. The appellant was convicted and sentenced to death and a fine of Rs.10,000 or in default thereof to suffer R.I. For a term of two years. The learned trial Court further directed the appellant to pay compensation amounting to Rs.25.000 to the heirs of the deceased. Aggrieved by the conviction and sentence, the appellant has preferred this appeal.
2. In the course of hearing of the appeal, the parties have stated in Court that a compromise has taken place between them. With a view to examine the genuineness of the compromise, the parties were summoned and they are present in Court. Muhammad Saddique deceased is survived by his widow Mst. Parveen Akhtar and two minor sons, Irfan-ul-Haque aged 7 years and Imran-ul-Haque aged six years, who are also present in Court. As far as parents of the appellant are concerned, it is stated that they are dead and the deceased is survived by Javed Iqbal his real brother in addition to the widow and minors, mentioned above. Let the statements of the parties be recorded.
3. After having examined the heirs of the deceased and also the son of the appellant, we are satisfied that the compromise in this case is genuine and the parties have buried the dispute. An amount of Rs.2,00,000 (Rupees two lacs) has also been paid as compensation to the widow of the deceased out of which a .House in the name of the minors has been constructed. We further direct that in future before selling the said house, mother of the minors shall obtain permission from this Court so that the interest of the minors is not in jeopardy. Consequently, we allow this appeal, set aside the conviction and sentence of the appellant and acquit him. He shall be released forthwith if not required in any other criminal case. The murder reference is answered in the negative.
S.A./M-228/L