TASSADUQ HUSSAIN JILANI, J. - Through an application (Crl. Misc. No. l-M/96) filed under Section 345(2) Cr.P.C, a prayer has been made that the parties have compromised in terms of which the legal heirs of Muhammad Afzal deceased have waived their right of Qisas in the Name of Allah and that appellants be acquitted by giving effect to the afore-referred compromise.
2. Brief facts of the case are that appellants Muhammad Jamil, Muhammad Safdar and Muhammad Arif were tried by Sheikh Muhammad Elahi, Additional Sessions Judge, Gujranwala (in a case registered vide FIR No. 164, dated 17.5.1991 under Sections 302/109/34 PPC PS Nowshera Virkan, Gujranwala), alongwith two others, for the murder of Muhammad Afzal deceased and vide judgment dated 15.8.1995 they were sentenced in the following terms:-
(i) under Section 302(h) PPC--Death sentence to Jamil Akhtar and Muhammad Safdar each and a fine of Rs. 25,000/- each, if realised, was directed to he paid to the legal heirs of the deceased;
(ii) under Section 302(b) PPC-Imprisonment for life to Muhammad Arif and a fine of Rs. 20,000/- in default whereof to undergo further R1 for two years. The fine, if recovered, was directed to be paid to the legal heirs of the deceased.
(iii) Muhammad Ashraf co-accused was convicted under Section 201 PPC for causing disappearance of the prosecution evidence in order to save the accused and sentenced to seven years' R1 with a fine of Rs. 5,000/- in default whereof to undergo further R1 for one year.
3. On the application of the appellants the learned Sessions Judge, Gujranwala was directed to verify as to who are the legal heirs of the deceased as also about the genuineness of the compromise. The District & Sessions Judge has sent the requisite report according to which Muhammad Afzal deceased was unmarried and he left behind his father Muhammad Ashraf and mother Mst. Fatima Bibi. Statements of both the legal heirs were recorded by him and both have testified that they have compromised with the appellants and have waived their right of Qisas in the name of God Almighty with the prayer that convicts Muhammad Jamil Akhtar, Muhammad Safdar and Muhammad Arif (appellants) may be acquitted. The statements of Muhammad Ashraf (father of the deceased) and Mst. Fatima Bibi (mother of the deceased) have also been sent by the Sessions Judge alongwith his report and the same have been perused.
4. Having examined the statements of the legal heirs of Muhammad Afzal deceased and the report of the learned District & Sessions Judge, Gujranwala we are of the view that the legal heirs have affected the compromise without coercion and undue influence and have waived their right of Qisas in the Name of Allah. We, therefore, allow Crl. Appeal No. 601/95 filed by Muhammad Jamil Akhtar, Muhammad Safdar .And Muhammad Arif appellants, set aside the conviction recorded qua them vide judgment dated 15.8.1995 of the learned Additional Sessions Judge, Gujranwala and acquit them. They shall be released forthwith if not detained in any other case.