Shabbir Ahmed and another vs State and another

It has been noticed that this appeal against conviction and sentence has not yet been admitted for regular hearing though compromise between the parties stands ef fected.

2. This is appeal against conviction and sentence.

3. Admit. Notice. Record.

4. This judgment shall dispose of Criminal Appeal No 194223/ J/2018 filed by the appellants/convicts against their conviction and sentence and Crl. Revision No. 180503 of 2018 filed by the complainant for enhancement of compensation amount. The appellants were tried by the learned Additional Sessio ns Judge, Mianwali, in case FIR No. 218 dated 24.10.2014 registered for offences under Sections 302, 109 & 34 of Pakistan Penal Code, 1860, at Police Station Wan Bhachran, District Mianwali, and vide judgment dated 28.02.2018 they were convicted under Section 302(b) read with Section 34 of Pakistan Penal Code, 1860 and sentenced to life imprisonment each along with direction to pay Rs. 300,000/- each as compensation to the legal heirs of the deceased as required under Section 544-A of the Code of Criminal Procedure, 1898, to be recoverable as arrears of land revenue and in case of default in payment of the same, to undergo simple imprisonment for six months each. Benefit of Section 382-B of the Code of Criminal Procedure, 1898 has also been extended to the appellant/convicts.

5. During the pendency of criminal appeal in hand, Criminal Miscellaneous No. 01 of 2021 in terms of Section 345(2) of the Code of Criminal Procedure, 1898, has been filed by the appellants/petitioners through their learned counsel wherein, it is averred that compromise between them and the legal heirs of the deceased has been effected. This Court vide order dated 09.03.2021 sent the application along with allied documents to the learned Sessions Judge, Mianwali, for verification of compromise. This Court has received the report Bearing No. 82/A dated 24.03.2021 wherein learned Sessions Judge, Mianwali, has concluded that the deceased Imam Baksh was survived by his mother Mst. Alam Khatoon, widow Mst. Aslam Bibi and five children out of whom Mat. Sarnia Bibi is major one while the remaining namely Fateh Khan, Kamran, Shahid Imran and Aamir Hayat are minors while Fateh' Khan, father of the deceased, had already passed away even prior to the occurrence. Report further reveals that Mst. Alam Khatoon, Mst. Aslam Bibi and Mst. Sarnia Bibi, mother , widow and daughter , respectively , of the deceased have made statements on oath that they having effected compromise with Shabbir Ahmad and Ghulam Murtaza, appellants/convicts, have forgive n them in the name of Allah Almighty and have waived their right of Qisas and Diyat. They do not want to receive any Badl-e-Sulh or compensation and they have no objection on acquittal of the convicts Shabbir Ahmad and Ghulam Murtaza. To the extent of minors Fateh Khan, Kamran, Shahid Imran and Aamir Hayat, their mother Mst. Aslam Bibi made statement that she has also effected compromise on behalf of her minor sons and also waived their right of Qisas. However , to the extent of Diyat of minors, the appellants/convicts have purchased Defence Saving Certificates valuing Rs. 437,500/- (details given in the mentioned report) in the name of each minor . In the end, learned Sessions Judge, Mianwali, has concluded that the compromise arrived at between the parties is genuine and the interest of the minor legal heirs has also been safeguarded.

6. Learned Deputy Prosecutor General after having gone through the report of learned Sessions Judge and the statements of legal heirs of the deceased, submits that the State has no objection to the acceptance of compromise.

7. Heard. Perused.

8. It appears that the compromise has been arrived at between the parties just to promote harmony among both the families and the Court finds no reason for not accepting the same as it transpir es that the same is genuine and without any coercion, duress, pressure, compulsion, deception or threat coupled with the fact that it is in accordance with the principles laid down by the Superior Courts of the country . I have also noticed that the case of appellants does not fall under Section 311 of Pakistan Penal Code, 1860, as they are neither hardened nor dangerous or desperate criminals and there is nothing on record to show that they are previously convicted persons. This Court is also convinced that the occurrence was not committed on the pretext of honour . In these circumstances, Crl. Misc. No. 01 of 2021 is allowed. Resultantly , while accepting Criminal Appeal No. 194223-J of 2018 conviction and sentence of Shabbir Ahmad and Ghulam Murtaza (appellants) awarded to them by the learned trial Court under Sections 302(b) read with Section 34 of Pakistan Penal Code, 1860, is set aside and they are acquitted of the charge on the basis of compromise. They are in custody , be released forthwith if not required to be detained in any other criminal case.

9. In view of above, Crl, Revision No. 180503 of 2018 filed by Muhammad Mumtaz, complainant seeking enhancement of compensation amount imposed upon Shabbir Ahmad and Ghulam Murtaza, convicts having become infructuous stands dismissed.