1. C.M.A. No,1372 of 1998 ' This matter was adjourned from 11-5-1999 to 14-5-1999. On the last date of hearing it was bonafidely pointed out by Mr. Muhammad Sarwar Khan that compromise application cannot be accepted but today Mr. Muhammad Sarwar Khan after going through the relevant provisions of case-law has submitted that the compromise can be accepted as the accused has been convicted and sentenced to suffer R.I. For 10 years for offence of punishable under section 308, P.P.C. And fine of Rs,1,00,000 as Diyat. Mr. Muhammad Sarwar Khan has submitted that provision of sections 309 and 310 of P.P.C. Pointed out earlier would not be applicable as these two sections would be applicable if any accused is convicted for offence under section 302(a) and not under section 308, P.P.C.
2. ' I have also considered the arguments advanced by the learned counsel for the applicant on 4-5- 1999 and the arguments advanced today and the cited law reported in 1993 PCr.LJ 166 and 1992 SCM R 2047.
3. The provision of sections 345(2) and 345(4), Cr.P.C. Are perused the offence punishable under section 308, P.P.C. Can be compounded by the legal heirs of the deceased and further that if any of the legal heir is minor then on behalf of minor the Wali can compound the offence and forego the Diyat amount with the permission of the Court.
4. ' The application for permission to compound the offence and also the compromise application submitted on required pro forma duly signed by the appellant and Mst. Aasi the legal heir of deceased and Wali of minor legal heirs were sent to the Sessions Judge, Thatta for enquiry and report. The Sessions Judge after due publication and holding the enquiry has submitted the report which is already on Court file. The report discloses the number of legal heirs of the deceased and the free consent given by Mst. Aasi the mother of the deceased and also Wali of the minor heirs.
5. As it is already said that the offence is compoundable with the permission of the Court, looking to the blood relation between the parties as the appellant is son-in-law of Mst. Aasi and father of the minors, therefore, looking to these circumstances the application filed under subsections (2) and (5-A) of section 345, Cr.P.C. Read with section 516, Cr.P.C. Seeking permission to compound offence is accepted the permission is granted. This Application No,C.M.As.1372 and 1371 of 1998 is allowed.
6. ' This C.M.A. 1371 of 1998 has been filed for acceptance of the compromise as the parties have compounded the offence and permission to compound offence is already granted vide order passed on M.A. No,1372 of 1998. The compromise application has been filed on the required pro forma and same bears the signature of the appellant as well as Mst. Aasi for her behalf and on behalf of minors namely Ghulam Mustafa, Dawood (both sons of deceased as well as of the appellant) and Baby Bhgul (daughter) of the deceased and appellant. They have also agreed to forego the Diyat amount and have prayed for acquittal of the accused appellant. This compromise application which is verified by Sessions Judge, Thatta as per report is accepted and compromise application is allowed and the appellant in view of acceptance of compromise is acquitted in the above case. He will be released forthwith if no required in any other case. As far as property order passed by the trial Court is concerned it will remain operative and be implicated accordingly.
7. Compromise .