JUDGMENT TANVIR AHMAD KHAN, J.- The appellants, who are both brothers intense, have filed an appeal against the judgment dated 9th of December, 1991 passed by the Additional Sessions Judge, Sahiwal, convicting under section 302/34 PPC for the murder of Sabir Ali son of Pehlwan and sentencing them to life imprisonment with a fine of Rs. 5000/- each and in default thereof they were ordered to undergo further R.I. For one year. They were also given benefit of section 382-B Cr.P.C.
2. FIR Ex.PA was got recorded on 31.1.1990 in this case by Muhammad Nawaz ASI (PW 10) at the instance of Qasim Ah manager unde of the deceased. After usual investigation the challan was submitted. The accused appellants were tried and convicted while their co-accused Talib Hussain was acquitted.
3. When the appellants were examined under section 342 Cr.P.C., they denied their participation stating that they have been falsely implicated. The occurrence, according to them, was unseen one and it was actually Gulzar alias Gulli who committed this office harbouring suspicion that the deceased was having illicit relations with his sister.
4. I need not to reproduce the whole facts of this case in vies of the nature of the order which is being passed.
5. Learned counsel for the appellants has placed on record the affidavits of surviving legal heirs, namely, Mst. Satan the mother, Abid Ali and Liaquat the brothers and Mst. Sakkina Bibi the sister of the deceased.
6. Mehr Muhammad Sale Akhtar, learned counsel appearing for the State was directed on the last date of hearing to verify the above aspect from the SHO Police Station Noor Shah, District Shaiwal.
He has today filed a report wherein SHO has verified this aspect that the deceased was surviving by the afore stated heirs only. All of them have sworn their affidavits and have also personally supported the contents thereof. They have unanimously stated that they have forgiven the accused-appellants in the name of God Almighty. Learned counsel for the appellants in support of his contentions has relied upon Muhammad Azhar Vs. State (1992 P.Cr.L.J. 443). In view of the fact that the parties have compromised and the heirs of the deceased have forgiven the appellants, the appeal is accepted and they are acquitted of the charges.
7. Mehr Din appellant was earlier admitted to bail on 1.3.1994, as such, he is discharged from his bail bonds. As far as Ghulam Rasool appellant is concerned it is directed that he shall be set at liberty forthwith if he is not required to be detained in any other case.