1. The appellant Zulfiqar alias Zulfiqar Ali son of Ghous Bux Chandio was tried by learned 1st Additional Sessions Judge, Larkana who by his judgment, dated 13-3-1995 convicted the appellant under section 302(a), P.P.C. And sentenced him to suffer life imprisonment and to pay fine of Rs.40,000 in case of default of payment of fine he should suffer R.I. For two years more. The appellant has challenged his conviction and sentence under this appeal.
2. The incident in this case took place on 27-1-1984 and report was lodged on the very same day by complainant Sono at Police Post Waggan, which was subsequently sent to Police Station Nasirabad, which was registered in the F.I.R. Vide Crime No.10/1984. It was alleged in the F.I.R. That the complainant along with deceased Baharo were taking tea and P.W. Khadim Hussain and Ali Muhammad were also taking tea. That while they were taking tea at the hotel accused Zulfiqar Ali and Mukhtiar both sons of Ghous Bux by caste Chandio came there. Accused Zulfiqar was armed with country-made pistol while Mukhtiar was armed with gun. Accused Zulfiqar gave Hakkal to deceased that since he had killed his uncle Shah Nawaz as such he could not be spared today and saying so directly fired at Baharo, who after sustaining the fire-arm injuries fell down. That the complainant tried to come forward, the accused Mukhtiar fired in the air and threatened him not to come near to him. Due to fear he did not go there. After the accused went away and the complainant found Baharo dead. The complainant went to the Police Post Waggan to lodge his report where his report was lodged and on the basis of that entry F.I.R. Was registered at Police Station Naseerabad.
3. The incident was witnessed by complainant Sono and P.Ws. Khadim Hussain and Ali Muhammad.
4. At the trial prosecution has examined all the material witnesses and after the statement of appellant under section 342, Cr.P.C. The trial Court convicted the appellant as already mentioned hereinabove. That the compromise applications under sections 345, 345(4) Cr.P.C. Were moved in the trial Court on 24-8-1994 and same were rejected of 25-8-1994.
5. The appellant then went in revision under section 435-A/439, Cr.P.C read with section 561-A, Cr.P.C.
6. Before this Court which was also dismissed by my brother Mr. Abdul Rahim Kazi, J, (as he then was) with the observation the "however, it will be open for the applicant to move a fresh application after judgment is pronounced and if he is convicted and such right is available t him.
7. The appellant has been convicted by the trial Court and his appeal was fixed for hearing today.
8. That compromise application under sections 345, 345(4)(5)(5-A), Cr.P.C. Read with section 561 Cr.P.C for compounding the offence was moved by Mst. Ashia widow of deceased, complainant Sono cousin of deceased, P.W. Ali Muhammad uncle of deceased, so also on behalf of Minor son Rajib Ali in this Court. The affidavits of all the legal heirs of deceased Baharo, including complainant Sono, Khadim Hussain and Ali Muhammad uncle of deceased were presented, which are also signed by the Advocate for the appellant.
9. After the amendment under section 345; Cr.P.C. And offence under section 302, P.P.C. Has been made compoundable at the instance of legal heirs of the deceased with the permission of the Court. Such application (part of the paper book) has been filed under the required form giving all the details and the factum of the compromise. All the legal heirs are present today, they have admitted the contents of the compromise application and further stated that they have pardoned appellant Zulfiqar Ali in the name of Almighty Allah and have waived the right of Qisas and Diyat. In addition to the application under section 345(5), Cr.P.C. Has also been filed. In view of the fact that legal heirs of the deceased namely Mst. Ashia (widow) on her behalf and on behalf of her minor son Rajib Ali, Sono (complainant) and cousin of deceased, P.W. Khadim Hussain (nephew of deceased), P.W. Ali Muhammad (uncle of deceased) and all the legal heirs in their affidavits have waived their rights of Qisas and Diyat and have expressed that they have compromised the matter with present appellant. Mst. Ashia has also given "A.F.W." on her behalf end on behalf of her minor son as a gesture of goodwill without compensation.
10. Mr, Abdul Fatah Mughal, learned counsel for A.A.-G. States that since the parties have compromised in this matter, therefore, he has no objection for grant of application.
11. It may be mentioned that legal heirs Mst. Ashia who is widow of deceased had only one minor son Rajib Ali, this being the position, I do not find any impediment in the way of this compromise application under section 345(5), Cr.P.C. And in the result the appellant is hereby acquitted by virtue of section 345(6), Cr.P.C. This appeal stands disposed of. Appellant is in custody, he is to be released forthwith if not required in any other custody case.
12. Compromise accepted.