' On the basis of registration of F.I.R. No,112, dated 19-4-1984 Abdur Rehman, Muhammad Farooq, Arif and Zahoor were tried by the Sessions Judge, Khanewal who were convicted. Each of Abdur Rehman and Muhammad Farooq were sentenced to imprisonment for life and fine of Rs,1,000 who were directed to pay Rs,5,000 as compensation to the heirs of Haque Nawaz and Muhammad Rafique deceased respectively. In default of payment of fine they were directed to further undergo R.I. For a period of six months and in default of payment of compensation they were directed to undergo simple imprisonment for another period of six months. However, both of them were acquitted of the charge from under section 307, P.P.C.
2. Arif convict was sentenced to R.I. For a period of three years and to fine of Rs,2,000 or in default of its payment to further undergo R.I. For a period of six months. He was directed to pay Rs,1,000 as compensation to Nazeer P.W. Or in default of its payment to further undergo simple imprisonment for a period of six months under section 324, P.P.C.
3. Zahoor convict was sentenced to R.I. For a period of three years and a fine of Rs,2,000 or in default of its payment to further undergo R.I. For a period of three months. He was also directed to pay Rs,1,000 as compensation to Bashir and Nazeer P.Ws. Or in default of its payment to further undergo simple imprisonment for six months.
4. During the occurrence Haq Nawaz and his son Muhammad Rafique lost their lives. The murderous assault was made upon Bashir and Nazir P.Ws. The parties have compromised. The matter was referred to the Assistant Commissioner, Kabirwala, District Khanewal to determine all the heirs of both the deceased who obtained the report from the Tehsildar, Kabirwala and collected the evidence. He has reported vide his letter No, 1859r, dated 23-11-1995 that following are the heirs of both the deceased namely Haque Nawaz and Muhammad Rafique:-- ' Saeed Ahmad aged 50 years, Allah Bakhsh aged 47 years, Ahmad aged 43 years, Nazir Ahmad aged 41 years, Muhammad Nawaz aged 28 years, all sons of Haque Nawaz deceased and brothers of Muhammad Rafique deceased,
(6) Mst. Zainib Bibi aged 44 years daughter of Haque Nawaz deceased and sister of Muhammad Rafique deceased,
(7) Mst. Sharam Bibi aged 64 years widow of Haque Nawaz deceased and mother of Muhammad Rafique deceased, all Khandwa by caste, residents of Mauza Sher Garh, Tehsil Kabirwala, District Khanewal.
5. The parties have compromised. All the legal heirs of Hague Nawaz and Muhammad Rafique deceased persons are major. Their statements have been recorded on oath. They have forgiven all the convicts in the name of Almighty God. Forgiveness is a divine qualification. I, therefore, hold that it is a fit case where the compromise should be recorded and accepted.
6. In view of what has been said above, I accept the compromise which stands initiated between the antagonist parties. All the heirs of both the deceased persons have forgiven all the convicts in the name of the Almighty God. I, therefore, accept the application and consequently the appeal. I accordingly acquit all the convicts.
7. I am told that Arif convict-appellant has preferred this joint appeal while Zahoor convict did not file the appeal; but they have undergone their respective sentences. Both Abdur Rehman and Muhammad Farooq appellants-convicts are on bail. Both Abdur Rehman and Muhammad Farooq convicts-appellants are present in the Court on bail. Their bail bonds are cancelled and, sureties discharged.
Compromise accepted.