' RIAZ HUSSAIN, J.--- Nazir Ahmad and his brothers, Bashir Ahmad and Kaura, were tried by the learned Additional Sessions Judge Rajanpur, for having murdered Pir Bakhsh on 26-7-1989 at about Dhali Degar Sham Wela near the pen of Nazir Ahmad accused in the area of Mauza Rangpur and within the territorial jurisdiction of Police Station Fazilpur.
2. The learned Additional Sessions Judge, vide his judgment, dated 24-6-1991, acquitted all the accused/respondents of the charge.
3. The State has preferred Criminal Appeal No,362 of 1991 under section 417, Cr.P.C. Against the acquittal of the respondents.
4. The F.I.R. Exh.P.D. Was recorded by Ashiq Hussain S.I./S.H.O. Of Police Station Fazilpur on 27-7-1989 at 12-15 a.m. Night time on the basis of the statement made by the complainant Manzoor Hussain.
After usual investigation, the police sent up all the three accused for trial for the offence under section 302/34, P.P.C. In support of its case, the prosecution examined Dr. Saeed Ahmad Usmani (P.W.1), Muhammad Aslam Head Constable (P.W.2), Bahram Khan, Constable (P.W.3), Abdul Sattar Head Constable (P.W.4), Manzoor Hussain son of Allah Bakhsh (P.W.5), Sardar Mai (P.W.6), Pir Bakhsh son of Rahim Bakhsh (P.W.7), Ashiq Hussain, S.I./S.H.O. (P.W.8), Manzoor Ahmad, Revenue Patwari (P.W.9) and Muhammad Iqbal Bhatti, Patwari (P.W.10).
5. Briefly the prosecution story is that on 26-7-1989, the complainant Manzoor Hussain, alongwith Pir Bakhsh deceased and Mst. Sardar Mai, was returning to his house after doing some work in the cotton crop in the land of Sadiq Farid, which was cultivated by them as tenants. When they reached near the pen belonging to Nazir Ahmad accused, suddenly Nazir Ahmad and Bashir Ahmad both armed with hatchets and Kaura armed with a Sota emerged from it. Nazir Ahmad exhorted that they would avenge the insult of their brother Bashir Ahmad. Nazir Ahmad inflicted hatchet blow, which fell on the front of head of Pir Bakhsh followed by second blow of hatchet given by Bashir Ahmad, which hit him on the left side of the head of Pir Bakhsh, who fell on the ground and Kaura gave a Sota blow which hit him on his right calf. The occurrence apart from Manzoor Hussain and Mst. Sardar Mai, was also witnessed by Ahmad Bakhsh son of Haji Hussain and Pir Bakhsh son of Rahim Bakhsh.
6. Criminal Miscellaneous 164/M of 1994 was moved on behalf of the respondents in State appeal, in which they had prayed that they had compromised with the heirs of the deceased and that they should be acquitted by way of acceptance of compromise. Affidavit of Mst. Sardar Mai (Annexure "C") was also placed on the file by the respondents. The respondents had also appended with Criminal Miscellaneous No,164/M of 1994 a certificate (Annexure "D") issued by the Tehsildar, showing that Mst. Sardar Mai and Shabbir Ahmad minor child were the only heirs of Pir Bakhsh deceased.
7. Learned counsel for the appellant was directed to produce the heirs of the deceased for making statements.
8. Mst. Sardar Mai has entered her appearance today who is widow of the deceased Pir Bakhsh.
Shabbir Ahmad minor child of the deceased is also present. Statement of Mst. Sardar Mai has been recorded separately, in which she has stated that the respondents have mutated the land measuring 9 Kanals (its market price being Rs,1,20,000) in the name of Shabbir Ahmad minor child vide Mutation No,253, dated 27-6-1994 (Annexure "A"). She also averred in her statement that an amount of Rs,30,000 has been deposited by the respondents in the name of the aforesaid minor child in Habib Bank, Fazilpur vide PLS Savings Account No,3752-9, dated 19-4-1994 which is Anncxure "B". She further stated that she has not received any kind of compensation and she has herself forgiven the respondents in the name of Allah. She further deposed that she has compromised the matter on behalf of the minor child as well, acting as his natural guardian.
' Pursuant to the above discussion, the compromise entered into between the parties is accepted, the notice issued to respondents Nos.1 to 3 is discharged and their acquittal is maintained.
' Criminal Miscellaneous No,164/M of 1994 and the State Appeal (Criminal Appeal No,362 of 1991) are disposed of in the above terms.