IFTIKHAR HUSAIN CHAUDHRY, J.- Sabir Shah was convicted for offence under Section 302 P.P.C, for causing intentional murder of Waris on 18.9.1986, near State Bank Building, Faisalabad and by judgment dated 7.2.1993, was sentenced to death. He was also sentenced to pay a fine of Rs.10,000/- and in default to suffer rigorous imprisonment for two years. The convict was also directed to pay compensation amounting to Rs.30,000/- to legal heirs of the deceased.
2. Judgment dated 7.2.1993, was appealed against vide Cr.A.No. 196/93, while learned Trial Court referred the matter vide Murder Reference No.52/93, under the provisions of Section 374 Cr.P.C.
3. During the pendency of the appeal Cr. Misc. No.794-M/98, was find for disposal of the appeal in terms of compromise claimed to have been effected between the parties. Copy of the petition was remitted to Additional Sessions Judge, Faisalabad and an inquiry was directed to be held to ascertain the genuineness of the compromise. Mr. A.D. Khalid, Additional Sessions Judge, Faisalabad, conducted the requisite inquiry and submitted report. According to report submitted, Waris Shah deceased was unmarried and was survived by his mother Mst. Iqbal Bibi, two sisters and for brothers. All the legal heirs of the deceased who were major appeared before the learned Additional Sessions Judge and owned compromise.
4. The legal heirs of the deceased have tendered 'ufw' to the appellant. Keeping in view the nature of the case and antecedents of the appellant, we consider that fraternal relations between the parties would be generated, in case the compromise between the parties is allowed to be effected.
5. As the appellant has been pardoned by the legal heirs of the deceased, we allow the appeal find by the appellant, set-aside the conviction and sentence awarded to him and direct that he be released from custody if not wanted in any other criminal case.
6. Murder reference is answered in negative.