'The facts leading to the present application under section 345(2), Cr.P.C. (M.A. No,892 of 1998) and under sections 309, 310, P.P.C. Read with section 345(5), Cr.P.C. (M.A. No,893 of 1998) are that appellants Abdul Hasan alias Noor Hassan and Muhammad Hassan alias Koka were convicted by the learned Sessions Judge, Karachi (East), in Sessions Case No,1592 of 1995 to undergo imprisonment for life and to pay fine of Rs,2,000 each and in default of payment of fine to suffer further R.I. For six months under section 302/34.
' Compensation of Rs,3,000 each to the legal heirs of the deceased was also awarded or in default of payment of compensation they were ordered to suffer further R.I. For six months more.
2. During the pendency of appeal legal heirs of deceased Liaquat Ali son of Shoukat Ali Khan have compromised the case with the appellants and with the result they have preferred these applications.
3. In Miscellaneous Application No,892 of 1998 under section 345(2), Cr.P.C. Filed by the learned counsel for the appellants it is urged that the appellants may be accorded permission to compromise the matter with the legal heirs of the deceased, as all legal heirs of the deceased have forgiven the appellants in the name of Allah Almighty without any compensation and they are ready to waive their right of Qisas and Diyat.
4. In Miscellaneous Application No,893 of 1998, filed by the appellants and legal heirs of the deceased it is stated that legal heirs of deceased Liaquat All son of Shoukat Ali Khan have compromised the case with the appellants and they have waived their right of Qisas without any compensation and forgiven the appellants in the name of Allah Almighty except one of the legal heirs namely Shahzad Ali Khan, who is minor. It is further stated that appellants are ready to deposit the share of the Diyat of minor in this Court and compromise between the parties may be accepted and appellants may be acquitted.
5. On 3-6-1998 when this matter came up, notice was issued to the Advocate-General for 5-6- 1998. On 5-6-1998, following order was passed:-- "An application under section 345, subsection (2), Cr.P.C. Has been filed and it is stated before me that the parties have compromised and the compromise is supported by all the relevant documents. The certificate of legal heirs which is on page 35 shows that out of all the nine legal heirs one Shahzad is a minor boy, a legal heir of deceased. The learned counsel for the appellants stated that an amount of Rs,24,426 comes out to the share of minor Shahzad from the whole amount of Diyat which may be permitted to be deposited with the Nazir of this Court. Let the aforesaid amount be deposited with the Nazir of this Court within a week's time. Also call for certificate of legal heirs of deceased Liaquat Ali son of Shaukat All from the S.D.M. Concerned."
6. Today, when this matter came up before me parties and their counsel urged that the share of Diyat of minor Shahzad Ali Khan has been deposited with the Nazir of this Court and certificate of the S.D.M. Landhi/Korangi, Karachi (East) has also been received, therefore, compromise may be accepted and the appellants may be acquitted.
7. The Miscellaneous Application No,893 of 1998 under sections 309, 310, P.P.C. Read with section 345(5), Cr.P.C. Is signed by the Shaukat All Khan son of Phulail Khan, complainant/father of the deceased and also by both the appellants i,e, Abdul Hye and Hassan. The prescribed preform for compromise duly filled and signed by all the heirs of the deceased along with the copies of national identity cards of legal heirs, Form "B" from National Registration Department, certificate from M.P.A. And affidavits of all legal heirs in support of application have been filed.
8. The pro forma is signed in Urdu by Shaukat Ali, father of the deceased, for self and on behalf of minor Shahzad Ali, as his guardian, Sakhawat Ali and Irfan Ali, both sons of the deceased have signed in English, whereas rest of the heirs have thumb-marked it.
9. The certificate in respect of legal heirs of deceased Liaquat Ali called from the S.D.M. Concerned has been received (flagged "A") which also confirms that the legal heirs of the deceased are same as disclosed by the parties in their application and preformat for the compromise.
10. In the case of Muhammad Mazhar v. The State 1992 PCr.LJ 443 and in the case of Ghulam Rasool v. The State 1995 PCr.LJ 1327, under similar circumstances compromise was allowed and the accused were acquitted of the charge under section 302, P.P.C.
11. In yet another unreported Confirmation Case No,6 of 1995 (Criminal Appeal No,172 of 1995) Ali Nawaz and another v. State, a Division Bench of this Court set aside the conviction and sentence of the appellant/accused on the ground that heirs of the deceased forgiven the accused in the name of Allah Almighty and waived the right of Qisas without any compensation.
12. In the case in hand heirs of the deceased have forgiven the appellants in the name of Allah Almighty without any compensation and they have waived their right of Qisas without any compensation. As per Nazir's Report, share of the Diyat money of minor Shahzad Ali son of deceased has been deposited in this Court. All the legal formalities have been complied with.
13. Mr. Habib Ahmed, learned A.A.-G. Has stated that he has no objection if the compromise is allowed and conviction and sentence awarded to appellants is set aside.
14. Consequently, both the applications (M.As. 892 of 1998 and 893 of 1998) under section 345(2), Cr.P.C., and 309, 310, P,P.C. Read with section 345(5), Cr.P.C. Are allowed. The conviction and sentence awarded to the appellants by the learned Sessions Judge, Karachi (East) arising out of F.I.R. No,1.30 of 1983 of Police Station Landhi, Karachi, mentioned in the judgment and reproduced hereinabove, is hereby set aside and appellants are acquitted. The appellants are on bail and their bail bonds stand discharged. The Criminal Appeal No,15 of 1987 along with the listed applications stand disposed of.
15.Befor this Court that share of the Diyat money of minor Shahzad Ali, son of the deceased, deposited in this Court, may be invested in some profitable scheme.
Conviction set aside.