IJAZ NISAR, J.- Basharat son of Allah Wadaya caste Arain was tried for the murder of Muhammad Akram son of Khushi Muhammad. The learned Additional Sessions Judge, Gujranwala vide his judgment dated 2.10.1991 convicted him under Section 302 PPC and sentenced him to death plus a i.e of Rs.50,000/- or in default to undergo six months R.I.
He has appealed.
2. The learned trial Court has also made a reference for confirmation of his death sentence. Both the matters shall be disposed of by this single judgment.
3. The appellant has submitted an application under Section 561-A read with Sections 345 Cr.P.C, and 309 and 310 PPC for permission to compound the offence. According to him, the legal heirs of the deceased have pardoned him in the name of God Almighty and do not demand any right of 'Qisas' or 'Diyat'. It is accompanied by the Affidavits of Khushi Muhammad (father) and Mst. Raza Bibi (mother of the deceased).
4. The statements of Khushi Muhammad and Mst. Raza Bibi, parents of Muhammad Akram deceased, have been recorded. According to them, the deceased was un-married and has left no other legal heir. They have been identified by Allah Ditta Number dar Mauza Kamoke City and Abdul Sattar Ex. Councillor Ward No. 14, Kamoke. They categorically state to have pardoned the appellant.
5. We have satisfied ourselves that the compromise is genuine and is not the result of any undue influence or duress and would promote harmonious relations between the parties. Accordingly, we allow it. In consequence, the appeal of Basharat appellant is accepted, his conviction and sentence is set aside. He is ordered to be released forthwith provided he is not required to be detained in any other case.
6. The death sentence of Bashara. Appellant is not confirmed.
7. The murder reference is answered in the negative.