KIIALIL-UR-REHMAN RAMDAY, J.--- One Nasrullah was tried by a learned Additional Sessions Judge at Narowal for having committed the murder of one Mst. Maqsoodan Bibi.
2. He was found guilty of the charge under section 302, P.P.C. And was sentenced to death, plus a fine of Rs.10,000 or sufferance of three years' R.I. In default of payment of the said fine, through a judgment, dated 28-2-1989 of the said learned Additional Sessions Judge.
3. Murder Reference No.51 of 1989 seeks confirmation of the said sentence of death awarded to the said Nasrullah who in turn impugned the conviction and the sentences recorded against him through Criminal Appeal No.163 of 1989.
4. Both these matters are being disposed of together through this single judgment.
5. During the pendency of these matters before this Court, it was submitted before us, through an application, that the heirs of Mst. Maqsoodan deceased had compounded the offence in question and it was prayed that Nasrullah appellant be acquitted.
6. In pursuance of the order passed by us to produce the heirs of the deceased in support of this plea of compromise, Mst. Sakina Bibi (mother of the deceased), Rashid Ahmad (the husband of the deceased). Mst. Rifat Bibi and Mst. Nighat Parveen (the daughters of the deceased) and Jamshed and Qaisar Nadeem (sons of the deceased) are present. One Fateh Muhammad who is the father of above-mentioned Rashid Ahmad and thus the father-in---law of Mst. Maqsoodan Bibi deceased, is also present.
7. The statements of Mst. Sakina Bibi, Rashid Ahmad and Mst. Rifat Bibi have been separately recorded. All three of them have deposed that they had granted AFW to Nasrullah appellant and prayed that he be acquitted.
8. Mst. Nighat Parveen, Jamshed and Qaiser Nadeem are minors and it has been deposed by their father Rashid Ahmad that AFW had been granted to Nasrullah appellant even on behalf of the said minor heirs of Mst. Maqsoodan Bibi deceased.
9. Fateh Muhammad who is the father of Rashid Ahmad and thus the paternal-grand father of the children of the deceased also made a statement on oath before us which has been separately recorded and stated that since Nasrullah appellant was the son of his brother and as he was interested in the acquittal of the said appellant, therefore, as a mark of magnanimity he had transferred a house owned by him in village Dharowal to his two grand sons and two grand daughters who are the children and thus the heirs of Mst. Maqsoodan Bibi deceased.
10. As has been mentioned above, Nasrullah appellant is a first cousin of Rashid Ahmad, the husband of Mst. Maqsoodan Bibi deceased and the parties are thus, closely related to each other.
11. The heirs of the deceased have granted AFW to Nasrullah appellant and have thus pardoned him of the murder of Mst. Maqsoodan Bibi deceased.
12. Nothing exists on record which could persuade us not to act upon the AFW above-mentioned or to punish Nasrullah appellant by way of TAZEER
13. Consequently, Criminal Appeal No.163 of 1989 is allowed and Nasrullah appellant is acquitted of the charge of murdering Mst. Maqsoodan Bibi deceased as envisaged by section 345, Cr.P.C. He shall be set at liberty forthwith, if not required to be detained in any other case.
14. In view of the acceptance of the appeal and the setting aside of the conviction and the sentences recorded against Nasrullah appellant, there is no question of confirmation of the sentence of death awarded to him by the learned trial Court.
15. Murder Reference No.51 of 1989 is, therefore answered accordingly.
S.A./N-43/L