' NAIMUDDIN, J.---This is an appeal, as of right, against the judgment. Of the Lahore High Court, Lahore dated 11-2-1986 passed in Criminal Appeal No,597 of 1967, whereby the acquittal of the appellant was reversed. A finding of conviction under section 302, P.P.C. 'was recorded on State appeal, sentencing the appellant to life imprisonment and a fine of Rs,2,000 or to undergo two months' R.I.
2. At the hearing of the appeal in this Court, an application was filed making the same claim as was noted in the concluding portion of the judgment of the High Court in the following words:-- "At the close of the hearing it was brought to our notice by the learned counsel for the accused- respondent that the parties have entered into a compromise and the complainant party has forgiven Yara accused. Since this is not a compoundable offence and we have already awarded him the lesser sentence provided for the offence of murder we are not in a position to help him any further. The parties may in these circumstances approach the Executive Authorities for necessary action in this behalf."
3. Accordingly, the compromise was sent to the District Magistrate, Gujrat for deputing an Executive Officer to enquire into the compromise reached between the parties, that is, about the legal representatives of the deceased, genuineness of the compromise and terms thereof, if any. In order to verify the genuineness of the compromise, Assistant Commissioner, Mandi Bahauddin, summoned the legal heirs of the deceased and recorded their statement which showed that the consideration for the compromise is only the giving of hands of two girls. Further, in the order dated 22-5-1991, this Court observed as follows:-- 3 Under the Criminal Law (Second Amendment) Ordinance, 1991 (Ordinance No,XVIII of 1991), "only giving a female in marriage shall not be a valid badal-i-sulh". Explanation to section 310, P.P.C.
Under Ordinance XVIII of 1991 provides as hereunder:- "`Badal-i-Sulh' means the mutually agreed compensation according to Shari'ah to be paid or given by the offender to a Wali in cash or in kind or in the form of movable or immovable property."
' And consequently the appeal was ordered to be disposed of on merits.
4. Thereafter, a fresh compromise application was filed which was sent to District Magistrate, Gujrat, requiring him to enquire into the compromise reached between the parties; about the legal heirs of the deceased and the genuineness of the compromise. He was directed to submit the report within a fortnight. Accordingly, he has submitted two reports; one dated 7-7-1991 and the other dated 17-7-1991. Paragraphs 2 and 3 of the report dated 7-7-1991 read as follows:-- "2. The local police with the help of Lambardar village Ghanian has been able to produce M/s. Saee Muhammad brother of the deceased, Muhammad Nawaz son of the deceased and Mahmood alias Monda brother of the convict Yara before this Court, today. So far as legal. Heir Mr. Muhammad Aslam son of deceased is concerned, the local police and Lambardar village Ghanian have pointed out that presently he is residing in Nawab Colony, Gali No,11, District Sargodha. Despite best efforts from their side he was not traced out. Reportedly, he is away from his home to earn his livelihood.
3. Mr. Saee Muhammad.Brother and Mr. Muhammad Nawaz son of the deceased present in this Court have authenticated the veracity of the alleged compromise and acknowledged the receipt of Rs, two lacs as compensation from the accused party. They submitted that the convict Yara has been pardoned by them in lieu of marriage of his two daughters with the sons of the deceased and payment of Rs, two lacs in cash as compensation."
' Paras. 2 and 3 of the report dated 17-7-1991 read as follows:-- "2, It is submitted in continuation of this office letter No, 713/Reader, dated 7-7-1991 that, the local police has produced the remaining legal heir Mr. Muhammad Aslam son of the deceased Nazir alias Nazira before this Court today. He has authenticated the correctness of the alleged compromise and has also acknowledged the receipt of Rupees two lacs as compensation from the accused party. He submitted that the convict Yara has been pardoned in lieu of marriage of his two daughters with the sons of the deceased and payment of Rupees two lacs in cash as compensation.
3. So far as their shifting to District Sargodha under some fear, of the opposite-party is concerned, it is submitted that all the legal heirs of the deceased belong to that class of labour which is migratory. They are working as bricklayers and have been shifted to District Sargodha to earn their livelihood. There is no fear of opposite-party upon the legal heirs of the deceased."
5. In view of these reports, we feel that the compromise is genuine and satisfies the requirements of law. The learned Advocate for the State has urged nothing against the compromise. We, therefore, accept the same and consequently the appeal.
6. The appellant shall be released, if not required in any other case.