The appellant was convicted by the learned Additional Sessions Judge Court to IV, Karachi, East under section 302, P.P.C. And sentenced to suffer imprisonment for life and to pay a fine of Rs.50,000 to be paid to the heirs of the deceased or in default of payment of fine to suffer R.I. For one year more. The appellant preferred the present appeal before this Court against his conviction on 4-12-1999 during pendency whereof, on 26-7-2000, the parties filed M.A. No.1235 of 2000 for permission to compromise the matter, M.A. 1236/2000 is filed by Juma Khan husband of deceased for permission to compomise the matter on behalf of his three minor daughters namely Beena alias Bilqees, Asia and Asima, while M.A. 1237 of 2000 is filed for accepting the compromise.
The, application at Serial No.1 is signed by the accused, legal heirs of deceased, and their learned counsel. The appellant was also produced in Court. The complainant and other legal heirs of deceased so appeared in Court. The appellant and the legal heirs admitted the contents of the compromise application.
The learned counsel for the appellant submitted that since the parties have patched up outside the Court, all the legal heirs who are husband, daughters and son of deceased have pardoned the accused in the name of Almighty Allah inasmuch as the offence does not fall under Qisas, the listed applications be allowed and the appeal be disposed as such. In support of his submissions he has also relied upon 1993 PCr.LJ 166 and 1996 M LD 916.
The learned State Counsel has no objection if the listed applications are allowed and the matter is disposed of by accepting the compromise.
Since the offence under section 302, P.P.C. Is made compoundable by virtue of section 345, Cr.P.C., at the instance of legal heirs of the deceased with the permission of the Court, all the legal heirs have admitted the contents of the compromise application stating therein that they have pardoned the appellant in the name of almighty Allah for better and amicable relations between the parties in future inasmuch as in view of the facts and circumstances of the case the offence does not fall under Qisas and Diyat as A held in the case-law referred above and the learned State Counsel has also no objection, I do not see any reason to decline the request of the parties to compound the offence. Accordingly, I allow the listed applications permit the parties to compromise the matter and accept the same.
Resultantly, this appeal is disposed in view of above compromise. Appellant Jan Muhammad is acquitted of the offence with which he is charged. He shall be released forthwith if not required in any other case.
4. This application is disposed of as, having become infructuous.
5. Become redundant