' KHALIL-UR-REHMAN RAMDAY, J.--- One Jahangir appellant had been tried by a learned Additional Sessions Judge at Bhalwal for committing the murder of one Muhammad Aslam. Through his judgment, dated 4-3-1992, the said learned Additional Sessions Judge found the said Jahangir guilty of the charge and after convicting under section 302, P.P.C. Punished him with death and a fine of Rs,20,000 or three years' R.I. In default of payment of fine.
2. Murder Reference No,68 of 1990 seeks confirmation of the said sentence of death while the appellant, through Criminal Appeal No,168 of 1990, impugns the said conviction and sentences recorded against him. Both these matters are being disposed of together through this single judgment.
3. From the prosecution case it transpires that Jahangir appellant and Muhammad Aslam deceased who were young boys of 14/15 years of age were friends inter se. They had gone to Multan from Bhalwal about 14/15 days prior to the occurrence where Jahangir appellant had been allegedly apprehended by the police but he suspected that it was Aslam deceased who had got him arrested. The two had finally returned to Bhalwal where Jahangir appellant had allegedly done the deceased to death by firing two shots at him with a revolver, on account of the above noticed grievance.
4. During the pendency of the above noticed matter before this Court it was submitted that the heirs of Aslam deceased had compounded the offence in question with Jahangir appellant. The heirs of the deceased i,e, Muhammad Bashir (father) and Mst. Zubaida Bibi (mother) were produced before us in support of the said claim. Mst. Najma, Mst. Nasreen, Mst. Parveen and Mst.
KausP- 1:,isterS) and Muhammad Ashraf, a brother of the deceased were also produced before us.
5. Aslam deceased was a young boy who was unmarried at the time of his death. Thus, his heirs are only his father and his mother who are alive. Their statements have been recorded on oath.
Both of them deposed before us that they had granted Afw to Jahangir appellant in the name of Allah and consequently prayed that he be acquitted. The abovementioned sisters and the brother of Aslam deceased who were also present in Court stated on our inquiry that they had also forgiven the appellant in the name of Allah. Since these sisters and brother in the presence of the father and the mother of the deceased are not his heirs, therefore, their statements on oath have not been recorded.
6. We are satisfied with the voluntary nature of the statements made by the two parents of Aslam deceased and the voluntary nature of the Afw granted by them to Jahangir appellant.
7. Nothing exists on record which could persuade us not to accept the pardon granted by the heirs of the deceased to the appellant or to punish the appellant by way of Tazir.
8. Consequently, the abovenoticed conviction and sentences recorded against Jahangir appellant, by the learned trial Court, are set aside and he is acquitted of the charge of murder as envisaged by the provisions of section 345, Cr.P.C.
9. He shall be set at liberty forthwith if not required to be detained in any other case.
Accused acquitted.