This is an application made, under section 345, Cr.P.C., as amended by the Criminal Law (Amendment) Ordinance, 1991, seeking acquittal of appellant Naheed Hussain alias Nahced (Cr.
Appeal No.141 of 1990), who stands convicted under section 302; PY.C. And sentenced to imprisonment for life with fine of Rs.5,000 or in default to undergo R.I. For six months more, for having committed murder of his own sister, Mst. Shaheen on a petty matter.
2,. Decescd Mst. Shaheen was a sister. Of appellant Naheed Hussain alias Naheed. On 13-7-1985 at about 6-15 p.m. The appellant had demanded meals from deceased Mst. Shaheen, who had not prepared the same by that time, which infuriated hint and it is alleged that after the exchange of abuses he caused knife blows to Mst. Shaheen who was taken to hopsital but she died afterwards.
The F.I.R. In this case was lodged by Muhammad Younus, brother--in-law of Faiz Muhammad, father of the appellant and deceased Mst. Shaheen. After completing the investigation the appellant was sent up, He was tried by Vth Additional Sessions Judge, Hyderabad, who vide judgment dated 31-7-1990 found him guilty and convicted him accordingly. The convicfionJsen~erice awarded to the appellant was challenged in Criminal Appeal No.141 of 1990.
3. During the pendency of the appeal the parties have compounded the offence with which the, appellant was charged and convicted. The compromise, has been entered into between the appellant and the following heirs of the deceased- {{TABLE}} S.Nos.Name of Legal HeirsRelationshipAge.
1 Faiz Muhammad Father 52 years, 2 Zaibun Nisa Mother 52 years.
3 Zahid Hussain Brother 27 years 4 Shahid Hussain Brother 22 years 5 Said Hussain Brother 20 years 6 Mst. Tehmina Sister 19 years 7 Zakir Hussain Brother 18 years {{TABLE}} The compromise deed is also accompanied by affidavits sworn by the heirs of deceased Mst.
Shaheen in which the factum of compromise was confirmed.
4. Section 309, P.P.C. As amended by the Criminal Law (Amendment) Ordinance, 1991, which speaks of Afw ( -,,6 ) of qisas in qatl-i'amd provides as follows:-- "Waiver-Afwof qisas in qatl-i-amd.--
(1) In the case of qatl-i-'amd an adult sane wali may, at any time and without any compensation, waive his right of qisas: Provided that the right of qisas shall not be waived.
(a) where the Government is the wali; or
(b) where the right of qisas vests in a minor or insane.
(2)Where a victim has more than one wali, any one of them may waive his right of qisas: Provided that the wali who does not waive the right of qisas shall be entitled to his share of diyat.
(3) Where there are more than one victim, the waiver of the right of Qisas by the wali of one victim shall not affect the right of qisas of the wali of the other victim.
(4) Where there are more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender."
5. Section 338-H, P:P.C. Is also relevant in this appeal which for the sake of convenience is reproduced below:- "Saving.--(1) Nothing in this Chapter, except sections 309, 310 and 338-E, shall apply to cases pending before any Court immediately before the commencement of the Criminal Law (Second Amendment) Ordinance, 1990 (VII of 1990), or to the offences committed before such commencement".
6. Section 345 Cr.P.C. Which was amended by the Criminal Law (Amendment) Ordinance, 1991, makes this offence compoundable by the persons mentioned in third column of the table viz. Heirs of the victim. Subsection (5) of section 345, Cr.P.C. Empowers the appellate Court to accept the composition of the offence.
7. It is one of these unfortunate cases in which the deceased was a real A sister of the appellant. All the heirs of deceased are equally related to appellant who have pardoned him in Court in my presence. In order to have their better relations in future I accept the application for compounding of the offence. The parties are permitted to enter into compromise and the appellant is acquitted under section 345 (5), Cr.P.C. He is in custody d be released forthwith if not required in any other case.
Criminal Appeal No.141 of 1990 and Miscellaneous Application No.382 of 1991 are disposed of in the above terms. 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.