JUDGEMNT KHALIL-UR-REHMAN RAMDAY, J. - Muqaddar Ali; his two brothers, namely, Iqbal and Ishaq and one Muhammad Nawaz had been tried by a learned A.S. J. At Sheikhupura for the murder of one Umar Hayat. Through his judgment dated 2.5.1993, the said learned A.S. J. Acquitted Iqbal and Ishaq accused but finding Muqaddar and Nawaz accused guilty of the said charge, convicted each one of them u/S. 302/34 P.P.C, and consequently punished each one of them with death and a fine of Rs. 50,000/- or two years' R.I. In default of payment of the said fine.
2 Murder Reference No. 243/93 seeks confirmation of the said sentence of death while Muqaddar and Nawaz convicts approached this Court through Crl. A. No. 354/93 to impugn the above- noticed conviction and sentences recorded against them. Crl. Revision No. 359/93 was received in this Court on behalf of the complainant to call in question the acquittal recorded in favour of Iqbal and Ishaq.
3. During the pendency of these matters, it was submitted before us that Nawaz appellant was 'Khala Zad' of Umar Hayat deceased and further that the wives of Nawaz appellant and Umar Hayat deceased were real sisters. It was also reported to us that the widow of Umar Hayat deceased, namely, Mst. Matloob Bibi who was a sister of the were of Nawaz appellant had entered into a compromise with all the alleged killers of her husband, namely, Muqaddar and Nawaz appellants and Iqbal and Ishaq, the acquitted accused. We were further informed that the other heirs of Umar Hayat deceased, namely, his father and his mother had not joined this compromise.
4. In this view of the matter, Mr. Ijaz Hussain Batalvi, Advocate, the learned counsel for Muqaddar and Nawaz appellants submitted that he had decided not to contest the conviction of Muqaddar and Nawaz appellants as recorded u/S. 302/34 P.P.C, and prayed that in view of the UFW granted to the said appellants by one of the heirs of the deceased, namely, his widow, the said two appellants be dealt with u/S. 311 P.P.C.
5. The said Mst Matloob Bibi appeared before us and after her identification by Mr. M.A. Zafar, Advocate, she deposed that she was the widow of Umar Hayat deceased' who had been murdered by Muqaddar, Nawaz, Iqbal and Ishaq. She further deposed that besides her, the only two heirs of her deceased husband were his father, namely, Asghar Ali and his mother, namely, Mst. Ghulam Fatima. She further stated that the were of Nawaz appellant, namely, Mst. Kulsoom Bibi was her elder sister; that Nawaz appellant and Umar Hayat deceased were real KHALA ZAD and that her mother was also a real sister of the mother of Umar Hayat deceased and of the mother of Nawaz appellant. She further deposed before us that she had entered into a compromise with all the above-mentioned murderers of her deceased husband, including the two appellants and that she had granted UFW to each one of them in the name of ALLAH. She consequently prayed that each one of them be acquitted of the said charge. She also informed us that, to her knowledge, the father and the mother of Umar Hayat deceased had not entered into any compromise with any of the above-mentioned assailants of Umar Hayat deceased.
6. Since the learned counsel for the complainant in connected Crl. Revision No. 369/93 challenging the acquittal of Iqbal and Ishaq accused was not available before us, therefore, we have decided to dispose of only the above-mentioned Murder Reference No. 243/93 and Crl. A. No. 354/93 through this single judgment.
7. We have decided to exercise restraint in the matter of expressing any opinion about the merits of the present case because the above- mentioned CH. Revision No. 359/93 calling in question the acquittal of Iqbal and Ishaq accused is still to be decided by us. While disposing of Crl. Appeal No. 354/93 and Murder Reference No. 243/93, we are essentially proceeding on the statement of the learned counsel for Muqaddar and Nawaz appellant that he accepted the guilt of the said two appellants with respect to the murder of Umar Hayat deceased and did not wish to contest the said conviction.
8. We are satisfied with the voluntary nature of the statement made by Mst. Matloob Bibi, the above-mentioned widow of Umar Hayat deceased, in the matter of granting UFW to Muqaddar and Nawaz appellants who are present before us. Since all the heirs of Umar Hayat deceased have not joined in the compromise, therefore, the father and the mother of the said deceased are treated as 'non-compounding heirs' of the said deceased. In this view of the matter, the conviction and punishments recorded against Muqaddar and Nawaz appellants u/S. 302/34 P.P.C, are set aside but each one of them is punished u/S. 311 of the P.P.C, to suffer ten years' R.I. Thereunder. Each one of them shall however be allowed the benefit of the provisions of Section 382- B of the Cr.P.C.
9. Crl. Appeal No. 354/93 and Murder Reference No. 243/94 are disposed of in the above terms.