SAJJAD AHMED SIPRA, J.- The legal heirs of the deceased Ghulam Haider, namely, Mst. Hamida Begum widow, Muhammad Tariq son, Mst. Shakooran Bibi daughter, Mst. Safooran Bibi daughter, Nazar Muhammad son, Tayyab Ali son, Mst. Maryam Bibi daughter, Musaeyab Ali minor son, and Mst. Shagufta Bibi daughter had put in appearance on 17.1.1994 and had deposed that the adult legal heirs of the deceased Ghulam Haider had compromised the case in question by forgiving the appellant in the name of Allah without and Badl-e- Sulah, the Diyat to the extent of four minor legal heirs stated above shall be deposited in their bank to the fullest and the receipt thereof along with the bank certificate to that effect shall be placed on the record.
2. The Diyat amount as determined for the financial year 1993-94 is Rs. 1,42, 322,29 for the value of 30,630 grams of silver vide Notification No. S.R.O, 549(l)/93 marked 'P' and placed on the record. As stated above, the adult legal heirs of the deceased Ghulam Haider had forgiven the appellant Muhammad Yaqub without Badl-e-Sulah in the name of Allah, whereas the Diyat amount for the minor legal heirs named below:
1. Tayyab Ali aged 14 years;
2. Mst. Maryam Bibi daughter aged 12 years;
3. Musaeyab Ali son aged 10 years; and
4. Mst. Shugufta Bibi daughter aged 8 years has been deposited in the bank in two instalments in their respective accounts, the earlier bank receipts were marked as 'A/l, A/2, A/3 and A/4 and the bank certificate as 'Q' respectively, issued in their favour and were placed on the i.e; whereas, the deficient amount of Rs. 6350 and Rs. 3J'7S/ for each male and female legal heirs of Ghulam Haider deceased has been deposited in their respective accounts vide receipt B/1, B/2, B/3 and B/4' vide bank certificate marked as 'R'. Thus the total amount deposited in their respective accounts comes to Rs. 62, 270/-. Therefore all the four minor legal heirs of Ghulam Haider deceased have been paid Diyat amount to which they were entitled as stated above. All the legal heirs of the deceased Ghulam Haider had appeared before the Court on 17.1.1 994 and confirmed the compromise arrived at as stated above.
3. The following order was recorded on the said date: "The present petition contends for the disposal of the captioned Criminal Appeal No. 349 of 1993 on the basis of the compromise arrived at between the heirs of the deceased, Ghulam Haider, and the appellant, Muhammad Yaqoob, in accordance with the provisions of section 345 Cr.P.C, read with section 32.3 PPC.
2. The learned counsel for the appellant submitted that the deceased Ghulam Haider is survived by the following legal heirs:-
1. Mst. Hamida Begum widow aged 42 years;
2. Muhammad Tariq son aged 24 years;
3. Mst. Shakooran Bibi daughter aged 21 years;
4. Mst. Salboran Bibi daughter aged 17 years;
5. Nazar Muhammad son aged 19 years;
0. Tayyab Ali son (minor) aged 14 years;
7. Mst. Maryam Bibi daughter (Minor) aged 12 years; S. Musaevab Ali son (minor) aged 10 years; and
9. Mst. Shagufta Bibi daughter (minor) aged 8 years.
A copy of Form 'B' issued in favour of Mst. Hamida Bibi widow of the deceased Ghulam Haider, by the Assistant Director, Directorate General of Registration. Kasur. And duly verified by Muhammad paced Lambardar of village Mir Muhammad Tehsil and District Kasur, has been annexed herewith along with the certificate issued by Muhammad Ashraf son of Chiragh Din, Vice Chairman Union Council Sattoki Mir Muhammad, Tehsil and District Kasur, in support thereof.
The learned counsel further pointed out that whereas that adult legal heirs of the deceased, (Ghulm Haider, have compromised the case in question by forgiving the appellant in the name of Allah without any Badlc-e-Suluh, the Diyat to the extent of four minor legal heirs stated above has been deposited in their account and the receipt thereof along with the hank certificates to that effect have been placed on the record.
4. Mst. Hamida Begum widow of Ghulam Haider, deceased, aged 42 years, resident of village Mir Muhammad, Tehsil and District Kasur, has recorded the following statement on Oalh:- My husband Ghulam Haider was murdered by the appellant Muhammad Yaqoob, for which he was sentenced to life imprisonment, In addition to myself, following children, born out of the wedlock with the deceased, are the only legal heirs of the deceased, Ghulam Haider:-
1. Muhammad Tariq son,
2. Mst. Shakooran Bibi daughter,
3. Mst. Safooran Bibi daughter,
4. Na/ar Muhammad son
5. Tayyab Ali son (minor)
6. Mst. Maryam Bibi daughter (minor),
7. Musaeyab Ali son (minor).
8. Mst. Shagufta Bibi daughter (minor).
I and mv adult children named above have forgiven the appellant Muhammad Yaqoob in the name of Allah without accepting any Badl-e-Sulah, and that 1 and my said adult children have duly signed the compromise deed Mark 'A' and my affidavit Mark SB' in support thereof has been placed to the effect that he is the Vice Chairman Union Council Sattoki Ward No. 10 Mir Muhammad, Tehsil and District Kasur.
5. The adult children of the deceased Ghulam Haider, namely, Muhammad Tariq, Mst. Shakooran Bibi, Mst. Safooran Bibi and Na/ar Muhammad, appeared before the Court in person and individually submitted that, being legal heirs of the deceased, they had enteral into a compromise with the appellant, Muhammad Yaqoob, and had forgiven him in the name of Allah without accepting any Badfe-Sulah, voluntarily and of their own free will. The said four adult children/legal heirs of the deceased, Ghulam Haider, were individually identified by Muhammad Ashraf Vice Chairman, named above. The said legal heirs further submitted that the affidavit of Na/ar Muhammad, Mark '(>' along with a copy of his national Identity Card bearing No. 281-93-479079 Mark 'J'; the affidavit of Muhammad Tariq Mark 'K' along with a copy of his National Identity C ard bearing No. 2X1-91-479977 Mark L'; the affidavit of Mst. Shakooran Bibi Mark M'; and affidavit of Mst- Shafooran Bibi Mark N', have been placed on the record in support of the compromise arrived at.
The certified copy of Form 'B' under the National Registration Act. 1073, Mark 'O' has also been placed on the record by Mst. Hamida Begum widow of the deceased Ghulam Haider.
6. The learned counsel further submitted that in accordance with the provisions of Section 323 PPC' the share of the four minor legal heirs namely, Tayyab Ali Mst. Maryam Bibi, Musaeyab Ali and Mst.
Shagufta Bibi, in the Diyat amount was determined as Rs. 34,400/- of each male minor and Rs.
7210/- of each female minor, which was deposited in their bank account and the receipts thereof have been placed on the record along with the bank certificate to that effect.
7. However, at this stage, the learned A.A.G, pointed out that the Diyat amount has been erroneously calculated, whereas the same should have been calculated in accordance with the Gazette Notification issued on the 1st of July, 1993, as required under the provisions of Section 323 PPC. Further pointed out that the Diyat amount in accordance with the said provisions of law has been determined to be Rs. 1,42,322,29 only, being the value of 30,630 grams of silver for the financial year 1993-94. Copy of the Notification No. S.R.O. 549(1)93 issued by he Government of Pakistan on the 1st July, 1993, Mark 'P' has been placed on the record.
8. Therefore, after having heard the learned counsel for the appellant/petitioner and the learned AAG., it is hereby directed that the appellant shall deposit the deficient amount in the account of the four minors named above and shall produce the requisite receipts and bank certificate in support thereof.
9. To come up for further proceedings after the needful has been done and an application has been submitted for relisting of the present case.
10. The legal heirs of the deceased, Ghulam Haider, having been marked present and their statements recorded, as stated above, may not appear before the Court in future.
11. Adjourned. Date in office."
4. Therefore, as the legal heirs of the deceased Ghulam Haider, have compromised with the appellant/accused, Muhammad yaqoob, as stated above, in accordance with the provisions of section 345 Cr.P.C, read with section 323 PPC, hence, the present appeal is allowed and the appellant Muhammad Yaqoob is hereby acquitted of the offence charged. He shall be released forthwith, if not required to be detained in any other case.