ALI MUHAMMAD vs THE STATE and others

' ASIF SAEED KHAN KHOSA, J.-Ali Muhammad petitioner had been convicted for an offence under section 302(b), P.P.C. Vide judgment dated 22-3-2010 handed down by the learned Sessions Judge, Dera Ghazi Khan and was sentenced to imprisonment for life as Ta'zir and to pay a sum of Rs, 5,00,000 to the heirs of Syed Kashif Raza deceased by way of compensation under section 544-A, Cr.P.C. Or in default of payment thereof to undergo simple imprisonment for six months. The benefit under section 382-B, Cr.P.C. Was extended to the petitioner. The petitioner had challenged his conviction and sentence before the Lahore High Court, Multan Bench, Multan through Criminal Appeal No 345 of 2010 but the same was dismissed by a learned Judgein-Chamber of the said Court on 14-12-2010. Hence, the present petition before this Court.

2. During the pendency of this petition Criminal Miscellaneous No,205-L of 2011 was filed before this Court seeking acquittal of the petitioner on the basis of a compromise arrived at between the petitioner and the heirs of Syed Kashif Raza deceased. This Court had called for a report in that regard from the learned District and Sessions Judge, Dera Ghazi Khan which has been received.

The report dated 29-6-2011 submitted by the learned District and Sessions Judge, Dera Ghazi Khan shows that Syed Kashif Raza deceased was survived by his father namely Syed Sadiq Hussain Shah, his mother namely Mst. Sajida Shehreen, his widow namely Mst. Ume Laila and his minor son namely Muntazir Mehdi alias Ali Murtaza aged about four years. All the major heirs of the deceased had appeared before the learned District and Sessions Judge, Dera Ghazi Khan in person and through their statements they had confirmed that the petitioner had been forgiven by them in the name of Almighty Allah and that they had waived their right of Qisas and Diyat against him. The report further shows that the share of Diyat of the minor son of the deceased has already been paid by the petitioner in the shape of Defence Savings Certificates valuing Rs, 7,94,000 and the original Defence Savings Certificates had been attached with the report. According to that report the learned District and Sessions Judge, Dera Ghazi Khan had felt satisfied that the compromise between the parties was voluntarily, genuine and complete and the interests of the minor heir of the deceased had been secured and safeguarded.

3. After going through the report submitted by the learned District and Sessions Judge, Dera Ghazi Khan we have found no reason for not accepting the compromise between the parties or for not acting upon the same. Criminal Miscellaneous No, 205-L of 2011 is, therefore, accepted, Criminal Petition No, 63-L of 2011 is converted into an appeal and the same is allowed and Ali Muhammad petitioner is acquitted of the charge on the basis of the compromise. He shall be released from the jail forthwith if not required to be detained in connection with any other case. The original Defence Savings Certificates appended with report submitted by the learned District and Sessions Judge, Dera Ghazi Khan may be handed over to the father of Syed Kashif Raza deceased namely Syed Sadiq Hussain Shah for safe custody and for utilization of the same in the best interests and welfare of the minor son of the deceased.