' The appellants herein, namely, Ghulam Abbas, Nawaz and Sharif, stand convicted under sections 302/149, 307/149 and 148, P.P.C. By the learned Additional Sessions Judge, Jhang, who vide his judgment, dated 19-3-1991, convicted them thereunder and sentenced them as under:--
(i) Imprisonment for life plus fine of Rs,5,000 each, or in default further R.I. For one year under section 302/149, P.P.C.
(ii) Five years' R.I. Plus fine of Rs,2,000 each, or in default six months' R.I. Under section 307/149, P.P.C.; and
(iii) Three years' R.I. Under section 148, P.P.C. The substantive sentences were ordered to run concurrently.
2. The convicts filed the present appeal, viz. Criminal Appeal No,415 of 1991. During the pendency of the appeal, Sharif appellant is alleged to have died in the jail, whereas the complainant party has compromised with the accused. Thus, the learned counsel for the appellants has moved this petition for accepting .The compromise effected between the parties and resultantly for acceptance of the appeal. Notice in this petition was issued to the State vide order, dated 16-3- 1993, and, in response to the said notice, Mr. Nazir Ahmad, Ghazi, A.A.-G., has appeared.
3. I have heard the learned counsel for the appellants and the learned Law Officer. There were cross-murder cases pending between the parties. In the case against the complainant party, the accused party has compromised and both the parties have patched up their difference.
4. I have heard the learned Law Officer. He has no objection to the acceptance of the compromise.
5. In order to promote goodwill between the parties, I accept this compromise, set aside the convictions and sentences of the appellants and acquit them. They shall be set at liberty forthwith, if not required to be detained in any other case.
6. Before parting with this order, I may observe that the appellants have I deposited the amount in the names of minor sons and daughter of the deceased, in the Habib Bank Limited, for five years, as under:-- {{TABLE}} (1)Muhammad Akram minor son of theRs.34,405. deceased, aged 13 years.
(2)Sahib Khan, minor son of the deceased,Rs.34,405 aged 9 years.
(3)Mst. Sulan Bibi minor daughter of theRs.17,202 deceased aged 11 years {{TABLE}} ' The Manager of the Habib Bank is directed to hand over the total amount to Muhammad Akram after five years, when he attains the age of 18 years.
' With respect to Sahib Khan and Mst. Sulan Bibi minors, the Manager of the Habib Bank is directed to re-deposit the total amount in the PSL Khas Term Deposit Receipt and be given to Mst. Sulan Bibi and Sahib Khan, when they attain the ages of sixteen years and eighteen years, respectively. The Deputy Registrar (Judicial) of this Court is directed to keep the photostat copies of the deposits in safe custody and communicate the order of this Court to the Manager, Habib Bank that he should not pay the amount to the minors before the period mentioned above and that too under intimation to him.
Compromise accepted.