JUDGMENT ABDUL HAFEEZ CHEEMA, J.- Muhammad Sharif 1(30), Muhammad Shabhir (28) s/o Ahmad, Muhammad Sarwar alias Sarfraz (25) s/o Khan, Khan (55) s/o Murad and Ahmed (55) s/o Bahu, all residents of Parr Massu, P.S. Sukheki, District Gujranwala, were tried by learned Additional Sessions Judge, Sheikhupura (Sessions Trial No.10 of 1991) under sections 302/109/34 PPC for murdering Shahbaz Hussain s/o Muhammad Siddique complainant on 14.5.1989 when he had left his village with a bag of wheat on his donkey for milling at a nearby Grinding Machine. The accused appellants Muhammad Sharif and Muhammad Shabhir had suspected the deceased of having illicit affairs with then- sister Mst. Rasulan. The prosecution had relied upon circumstantial evidence, of recovery and extra judicial confession. The trail court convicted Muhammad Sharif, Muhammad Shabhir and Sarwar accused under section 302/34 PPC and sentenced them to undergo imprisonment for life and so also imposed a specific amount of fine. Khan and Ahmad who were accused of abetment of the murder were, however, acquitted as the prosecution had utterly failed to connect them with the crime. The convicts have now appealed against their conviction, mainly contending prosecution has not been able to adduce evidence connecting them with the crime, by means of Crl. Appeal No.528-91.
2. During the pendency of the appeal, the parties entered into a compromise and the composition deed was duly filed in the Court in which the heirs of the deceased, namely, Muhammad Siddique, father, Mst. Kaniz Zohra, widow, Sarfraz(8), Shahnawaz (5) sons and Mst. Farzana Kausar (10), daughter, had agreed to waive the right of Qisas and to pardon them in lieu of Diyat in the shape of a piece of land measuring 10-kanals 9-marlas, containing a garden, a house and other amenities.
3. In order to ascertain the genuineness of the compromise, the statements of Muhammad Siddique s/o Roshan, father of Shahbaz deceased and that of Mst. Kaniz Zohra, widow of the deceased, were recorded in this Court. Both the heirs of the deceased categorically stated that the compromise had been effected with their free will and without any coercion having been employed on them from any side and so also for the benefit of the minors. The heirs were identified by Mr. M.D. Chaudhry Advocate who was representing them in the Court. The offence of murder is now compoundable. Since the heirs of the deceased have waived their right of Qisas and have accepted Diyat, the appellants are, therefore, entitled to acquittal. They are acquitted of the charge required to be detained in any other case.