KHALIL-UR-REHMAN RAMDAY, J.- One Shabhir Ahmad had been tried by the learned Sessions Judge at Bhakkar for the murder of one Bashir Ahmad. Through his judgment dated 30.7.1991. The said learned trial Judge found the said Shabhir guilty of the said charge: convicted him under Section 302 (a), P.P.C, and punished him with death as Qisas.
2. Murder Reference No. 426 of 1991 seeks confirmation of the said sentence of death while Crl.
Appeal No. 819 of 1991 find by the said convict calls in question the above-quoted conviction and punishment recorded against this Shabhir Ahmad. Both these matters are being disposed of together through this single judgment.
3. During the pendency of these matters before this Court it had been submitted that the parties had reached a compromise and it had consequently been prayed that Shabhir appellant be acquitted. Through an order dated 13.10.1996 a learned Division Bench of this Court directed the learned Sessions Judge at Bhakkar to verify the legal heirs of the deceased; to record their statements about the compromise and then to submit a report to this Court. In compliance of this order the learned Sessions Judge of Bhakkar had submitted a report dated 3.11.1996 through which it had been mentioned that Bashir Ahmad deceased had left behind his father, namely, Ghulam Hussain; his mother, namely, Mst. Meeran Mai; his widow, namely,. Mst. Mumtaz Begum; a minor son, namely, Zaheer and three minor daughters, namely, Amna, Shazia and Shabana, as his only heirs. It was further reported that the father and the mother of Bashir Ahmad deceased had compounded the offence with Shabhir appellant having received Rs.60,000/- as their share in the amount of Badl-e-Sullah. If had been added that the widow of the deceased; namely, Mst. Mumtaz Begum had denied having reached any compromise with Shabhir appellant. It had been further added by the learned Sessions Judge that a mutation bearing No. 772 stood entered and sanctioned evidencing the transfer of 15 kanals of land in favour of the minor children of the deceased as their share in the amount of Badl-e-Sulah. The value of this land was determined as Rs. 1,50,000/-. A copy of the said mutation No. 772 and a copy of an entry in the Roznamcha Waqiati of the local Patwari had also been placed on record.
4. What thus transpires is that present is a case where all the Wali of the deceased had not waived/compounded their right of Qisas and it was only two of them, namely, the father and the mother of the deceased, who had entered into a compromise with the appellant.
5. In this view of the matter the conviction and the punishment of Shabhir appellant with death by way of Qisas are set aside and he*is instead directed to suffer 10 years R.I. Under Section 311, P.P.C.
He shall be allowed the benefit of the provisions of Section 382-B, Cr.P.C.
6. Murder Reference No. 426 of 1991 and Crl. Appeal No. 819 of 1991 are disposed of in the above terms.
7. From the statement made by the widow of the deceased, namely, Mumtaz Bibi, it transpires that she was not Willing to take charge of the land mutated in favour of the minor children. If this be so, then the father of the deceased, namely, Ghulam Hussain who is the father's father of the minors in question shall take control of the said land for the benefits of the minors which shall of course be subject to any orders or decision made by the competent Guardian Court.