MATEE ULLAH vs THE STATE

' ALI NAWAZ CHOWHAN, J.---The appellant Mateeullah was convicted under section 302-B, P.P.C. By the learned Additional Sessions Judge, Sialkot, vide his judgment, dated 4-4-2003. He was sentenced to death. He was also directed to pay Rs.50,000 as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased or in lieu thereof to suffer six months' R.I. Murder Reference was also sent to this Court under section 374, Cr.P.C. For confirmation of death sentence of Mateeullah appellant.

2. Entire episode need not be repeated as the appeal is being disposed of in terms of compromise.

3. Upon move by the appellant through an application under section 345, Cr.P.C. Read with sections 309 and 310, P.P.C. (Criminal Miscellaneous No.1915 of 2003), the learned Sessions Judge Sialkot was required to report regarding the authenticity of compromise as well as verification of the names of legal heirs of the deceased. Exhaustive report stands received and forms part of the record.

4. Relevant excerpt from the report of the learned Sessions Judge Sialkot is reproduced below:-- "I have summoned the parties and directed to S.H.O. Concerned to produce the list of legal heirs/Walies of the deceased after due verification. Accordingly, Abdul Salam, Assistant Sub- Inspector of Police Station Nekapura submitted a list of the legal heirs of the deceased Khalid Mahmood (Exh.A-1) duly attested by Arshad Latif Butt Ex-Councillor and Muhammad Pervaiz complainant, in which the legal heirs of the deceased are mentioned as follows:--

1. Mst. Zareena Begum (Mother of deceased)

2. Mst. Shazia)

3. Mst. Fauzia)

4. Mst. Saema) (Sisters of deceased)

5. Mst. Nazia)

6. Mst. Rabia)

7. Ali Yousaf (Brother of deceased)

' According to this list the father of the deceased Muhammad Yousaf had already died for the last 7/8 years and the deceased Khalid Mahmood was an unmarried person and he had left no other legal heirs except mentioned in the list. Accordingly, this Court recorded the statements of the aforementioned legal heirs/ Walies of the deceased, namely Mst. Zareena Begum (mother), Mst.

Shazia, Mst. Fauzia, Mst. Saema, Mst. Nazia, Mst. Rabia (sisters of the deceased) and Ali Yousaf brother of the deceased. They have supported the contents of the police report and have deposed before this Court that Khalid Mahmood deceased was their son and brother, who was murdered and case was registered against Matee Ullah accused and he was convicted and his appeal is pending before the Honourable High Court, Lahore and that the deceased was unmarried. They further stated that they have forgiven the accused in the name of Almighty Allah without receiving any Badl-e-Sulh in lieu of compromise and have waived their right of Qisas and Diyat and that they do not want to prosecute the accused and they have no objection if the accused Mateeulah is acquitted of the charge of murder of Khalid Mahmood deceased. All the legal heirs/Walies of the deceased were identified before the Court by Mr. Talib Butt, Halqa Councillor, whose statements also been recorded by this Court. In view of the statements of the legal heirs/Walis of the deceased, this Court is satisfied that a genuine compromise has been effected between the parties and the legal heirs/Walis of the deceased have effected compromise without any pressure or coercion. "

' Thus the factum of compromise between all the legal heirs of the deceased has been verified and is established before the learned Sessions Judge, Sialkot.

5. This compromise will restore good relationship inter se the parties who because of the acrimony arising out of this murder case became daggers drawn.

6. Consequently, Criminal Miscellaneous No. 1915 of 2003 is accepted and the appeal is disposed of in terms of the compromise. The appellant Mateeullah is hereby acquitted and is ordered to be released forthwith if not required to be detained in any other case.

7. Murder Reference is, therefore, answered in the negative as the appellant is being acquitted in view of the compromise.