JUDGMENT KHAWAJA MUHAMMAD SHARIF, J.- Appellant was convicted alongwith two others namely, Liaqat Ali and Sadda Hussain. As far as, Liaqat Ali and Sadda Hussain are concerned, they were convicted under Section 302/34 P.P.C, to undergo life imprisonment with a fine in the sum of Rs.10,000/- each, failing which they have to undergo imprisonment two years' R.I. In case of the realization of fine, the same was ordered to be paid to the legal heirs of the deceased, Asif Khan. As far as, appellant was concerned, she was convicted u/S. s 302/109 P.P.C, to undergo life imprisonment with a fine in the sum of Rs. 10,000/- in default to undergo two' years' R.I. Mst. Kameez Fatima, preferred an appeal against her conviction before this Court. Her co-accused Liaqat Ali also find an appeal No. 57-J of 1992, which is still pending Mst. Kameez Fatima, has urged for her acquittal on the ground that all the legal heirs of the deceased (Asif Khan) pardoned her. On this, a report was called from the learned Sessions Judge, Sialkot, by my learned brother Tassaduq Hussain Jilani, J, with a direction to the learned Sessions Judge, Sialkot, to summon all the legal heirs of the deceased and verify about the factum of compromise after recording their statements.
2. The needful has been done. Report has been submitted by the learned Sessions Judge, Sialkot, dated 28.5.1998. Alongwith this report, the statements of the legal heirs of the deceased have also been submitted, which all are now the part of the life. According to the statements of
(1) Muhammad Asad Khan (son of the deceased)
(2) Sabba Shazadi (daughter of the deceased)
(3) Haroon Khan (father of the deceased) to the effect that they have pardoned the appellant and have entered into a compromise with her.
Abdul Qadeer Khan son of Muhammad Razzaq Khan also appeared before the learned Sessions Judge, Sialkot, who is maternal cousin of the deceased, who stated that the deceased had the following legal heirs:
(1) Asad Khan (son of the deceased)
(2) Zahid Khan (minor son)
(3) Shahid Khan (minor son)
(4) Sabba Shahzadi (daughter of the deceased) while his father Haroon Khan is also alive. So far as Zahid Khan and Shahid Khan (minors) are concerned, their grand-father Haro# Khan has pardoned on their behalf being the guardian of the minors. I have asked Mr. Ijaz Ahmad Bajwa, Advocate, to assist me in this matter. After going through the record he submits that as the legal heirs of the deceased have pardoned the appellant now she is entitled to clean acquittal.
3. After going through the report of the learned Sessions Judge, Sialkot, and the statements of the witnesses recorded by the learned Sessions Judge, and the legal heirs of the deceased, Asif Khan. I come tb the conclusion, that as all of them have pardoned Mst. Kameez Fatima and they have entered into a compromise, she is entitled to acquittal. In view of the above, Mst. Kameez Fatima, is acquitted of charge and the impugned order dated 30.5.1992 passed by the learned Additional Session Judge, Sialkot, as far as Mst. Kameez Fatima is concerned, is set aside. It is directed that she be released forthwith in the present case if not required to be detained in any other case.