1. ' WALI MUHAMMAD KHAN, J.---Khalid Zaman, petitioner herein, seeks leave to appeal against the judgment dated 29-6-1992 passed by a learned Division Bench of the Peshawar High Court, whereby Criminal Appeal No,85/91 against his conviction and sentence under section 302, P.P.C. For committing murder of one Matiur Rehman, vide judgment of the Sessions Judge, Charade dated 11-6-1991, for imprisonment for life and fine of Rs,15,000 was modified, the conviction under section 302, P.P.C. Was converted to under section 304, Part I, P.P.C. And sentence reduced to ten years' R.I.
2. And fine of Rs,15,000 or in default two years' R.I. And also to pay a sum of Rs,15,000 as compensation to the heirs of the deceased under section 544-A, Cr.P.C. Or to suffer six months R.I.
3. ' The petitioner has effected compromise with the heirs of the deceased and submitted cc promise pro forma along with the necessary affidavits which were scrutinized though chamber processing.
4. Muhammad Saeed Khan, School Teacher, Government Primary School, Saidu Sharif, Swat appeared in Chamber processing and deposed that Mst. Tajmina is the sister of the deceased, Hamzullah and said Akram are his uncle and that besides them the deceased left no other Shari heirs. According to him, the compromise is genuine and the heirs have received Rs,172000 as Diyat.
5. Mst. Tajmina, Hamzullah and Said Akram, heirs, also deposed that they had received Rs,1,72,000 as Diyat and have patched up the matter with the accused. Mian Shakirullah Jan, Advocate, for the petitioner Said Akram in C.P.No,44-P/92, in view of the compromise, stated that he does not press his petition and the same may be dismissed as withdrawn.
6. ' We are satisfied with the genuineness of the compromise and by accepting the same, we convert this petition into appeal and by allowing the same on the basis of the compromise, acquit the accused/petitioner under section 245, Cr.P.C. The Criminal Petitions Nos.44-P and 45-P of 1992 filed by Said Akram, complainant, for the enhancement of sentence automatically stand dismissed.