ORDERKHALID PAUL KHWAJA, J. - Obaid Ullah son of Ata Muhammad (I6) and Wazir Khan (161/:) both belonging to Mianwali appellants herein were tried by Ch. Ehsan-ul-Haq, Judge, Punjab Special Court of Speedy Trials No. VIH. Sargodha under Sections 302,201 and 34 P.P.C, for the murder of Attar Khan. They were convicted vide judgment dated 6.11.1988 under Sections 302,201.34 P.P.C, and sentenced to death under Section 302,34 P.P.C, plus fine of Rs. 30.000/- each or in default 5 year's R.1 Under Sections 201,34 P.P.C, they were sentenced to 5 year's R.I. Each and a fine of Rs. 5.000/- each or in default to undergo 1 year's R.I. It was further ordered that out of the fine, if recovered, a sum ol Rs. 50,000/- was to be paid to the legal heirs of the deceased by way of compensation under Section 544-A Cr.P C.
2. The appellants lodged appeals against their convictions and sentence which are as follows:-
1. Criminal Appeal No. 1183/88 titled "IVace Khan vs. The Stale"'.
2. Criminal Appeal No. 653/89 titled "Obaid Ullah vs. The State" .3. Since questions involved in-both the appeals are identical, we propose to dispose them of by this judgment.
4. A compromise has been effected between the appellants on the one hand and father of the deceased, namely Abdul Kareem who is his only legal heir on the other hand, ln this connection the statement of Abdul Kareem aforesaid has been recorded in Court. According to him the deceased was unmarried. He had no brother or sister. His mother had died about 15 years prior to his death ln this v iew of the matter, we have no hesitation in believ ing that Abdul Kareem his lather was his only legal heir. This fact is also confirmed by the Tehsildar. Miaiiwali in his report Mark-A which he had made on the application of Noor Khan the father of Wa/ccr Khan appellant.
5. Both the appellants tire related to Abdul Kareem the father of the deceased. He has deposed that he has pardoned them in the name of Allah'and has requested that their appeals be accepted am1 they may be acquitted.
6. We are satisfied that a genuine and voluntary compromise has been eIfecled between the parlies as a result of which the solitary iegal heir of the deceased has pardoned the appellants in the name of Allah, ln this connection a proforma as prescribed by the Supreme Court has been filed alongwiih the certificate of Dr. Slier Afgan Nia/.i the local M.N.A, the compromise deed and the affidavit of Abdul Kareem Khan. They form part of the record.
7. In view of the above compromise, we allow both the Crl. Appeal No. I 183/88. Crl. Appeal No. 653/89 set aside their comictions and sentences of Wa/.Ccr Khan and Obaid Ullah appellants and order their acquittal. They shall be set at liberty forthwith if not required in any other case..