KHALIL-UR-REHMAN RAMDAY, J.--- Muhammad Zaman,. Amanullah, Iftekhar and Mahfooz were tried by a learned Additional Sessions Judge at Sahiwal for having allegedly committed the murder of one Shaban Khan in the furtherance of their common intention. All four of them were found guilty of the offence punishable under section 302/34, P.P.C. And while Muhammad Zaman was punished with death, the other three accused persons were sentenced to imprisonment for life besides a direction to each one of them to pay a fine of Rs.20,000 or to suffer three years' R.I. In default of payment of fine.
2. Murder Reference No.231 of 1989 seeks confirmation of the sentence of death awarded to Zaman convict who, together with his co-convicts, challenges the above-mentioned convictions and sentences recorded against each one of them through Criminal Appeal No.796 of 1989.
3. Both these matters are being disposed of together through this single judgment.
4. The occurrence in question which had taken place at about 8-00 p.m. On 2-1-1988 had been reported at Police Station Ahmadyar of District Sahiwal by one Muhammad Aslam who was a son of Shaban deceased.
5. He had alleged that at the time of occurrence, he alongwith his deceased father, Allah Ditta.P.W.
And Shabbir Ahmad were going towards the house of the said Allah Ditta at about 8-00 p.m. When they were waylaid by. Zaman, Amanullah, Iftekhar and Mahfooz, out of whom Zaman was armed with a .12 bore gun; Amanullah and Iftekhar were armed with hatchets and Mahfooz was armed with a Sota. He had further claimed that on being so surprised by the assailants, Zaman accused fired a shot at Shaban deceased which was followed by a hatchet blow by Amanullah as a result of which, Shaban deceased fell down and it was, thereafter, Iftekhar and Mahfooz accused inflicted further injuries on the person of the deceased with their respective weapons.
6. This was the prosecution case which had resulted in the trial of the present appellants and the consequent convictions and sentences recorded against them as above noticed.
7. During the pendency, however, of the murder reference and the above-mentioned criminal appeal before this Court, an application was moved stating therein that the parties had reached a compromise and consequently, it had been prayed that the appellants be acquitted.
8. This application was supported inter alia by the affidavits of the widow and the son of Shaban deceased.
9. All the heirs of the deceased have been produced before us today to testify the factum of compromise.
10. Shaban deceased had left behind Mst. Aisha Bibi (widow), Muhammad Aslam, Muhammad Azam, Muhammad Amjad, Muhammad Arshad and Muhammad Asif (sons) and Mst. Sughran Bibi,.Mst. Azra Bibi and Mst. Khanum Bibi (daughters) as his legal heirs.
11. Out of the above-mentioned heirs of the deceased, Amjad, Arshad, Asif, Mst. Azra and Mst.
Khanum are minors. Therefore, only the statements of Mst. Aisha Bibi, Muhammad Aslam, Muhammad Azam and Mst. Sughran Bibi were recorded by us. .
12. We have also recorded the statement of Allah Ditta P.W. And that of Ghulam Mustafa who is a Member of the Union Council of Chak No.95/E.B. Of Police Station Ahmadyar which is the place of residence of the above; A mentioned heirs of the deceased. These two persons had participated in the proceedings which had resulted in the said compromise and were thus the witnesses to the same.
13. Besides making a statement on her own behalf, Mst. Aisha Bibi, the widow of Shaban Khan deceased also stated on behalf of her minor children that they had entered into a compromise with the present appellants and had compounded the Qisas after accepting Badal-i-Sulh.
14. She had admitted that Rs.1,75,000 had been paid to all the heirs of the Shaban deceased being the Divvat money which had been deposited in the Arifwala Branch of the Muslim Commercial Bank Limited in the names of the heirs to the extent of the respective share of each one of them.
15. The photostat copies of various deposit slips dated 19-1-1992 have also been placed on record.
16. To the same effect are the statements on Oath made by Muhammad Aslam, Muhammad Azam and Mst. Sughran abovementioned.
17. In view of the above-mentioned statements made before us which have been separately recorded, we are satisfied with the composition of the offence in question and the payment of Badal-i-Sulh to the heirs of the deceased.
18. Nothing exists on record which could persuade us not to accept this compromise or to punish the appellants by way of Tazeer.
19. In the circumstances, Criminal Appeal No.796 of 1989 is allowed and the four appellants are acquitted of the charge under section 302 of the Pakistan Penal Code as envisaged by the provisions of section 345 of the Criminal Procedure Code after setting aside the convictions and sentences recorded against them.
20. They shall be set at liberty forthwith, if not required to be detained in any other case.
21. Murder Reference No.231 of 1989 is answered in the negative. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.