MUHAMMAD ISHAQ Versus STATE

KHALIL-UR-REHMAN RAMDAY, J: -- One Muhammad Ishaque had been tried by a learned Additional Sessions Judge of Faisalabad for the murder of one Abdul Hameed who was a son of a real brother of the said Ishaque. Through his judgment, dated 31-8-1991, the said learned Additional Sessions Judge found the said Ishaque guilty of the charge under section 302 of the P.P.C: for the murder of Abdul Hameed deceased and consequently punished him with death with a fine of Rs.10,000 or two years' R.I. in default of payment of the said fine. The convict had also been directed to pay a sum of Rs.5,000 as compensation to the heirs of the deceased or to undergo six months' R.I. in default thereof.

2. Murder Reference No.400 of 1991 seeks confirmation of the said sentence of death while Muhammad Ishaque convict has filed Criminal Appeal No-837 of 1991 to impugn the above-noticed convictions and sentences recorded against him. Both these matters are being disposed of together through this single judgment.

3. During the pendency of these matters before us, it was submitted through Criminal Miscellaneous No.4 of 1993 that the parties had affected a compromise and that the heirs of Abdul Hameed deceased had granted pardon to Muhammad Ishaque appellant.

4. In verification of this plea of compromise, Shafi Muhammad (father), Habib Ahmad (brother) and Rashid Ahmad (brother) were produced before us as the heirs of Abdul Hameed deceased. Their statements were recorded by us separately on oath after proper identification.

5. From the statements so recorded by us, it transpired that the mother and the wife of Abdul Hameed deceased had died; that Abdul Hameed deceased had no children that he had left behind only his father, and the abovementioned two brothers as his heirs. The said heirs deposed before us that they had granted Ufw to Muhammad Ishaque appellant who was a real brother of the father of Abdul Hameed deceased. The said heirs consequently, prayed that Muhammad Ishaque appellant be acquitted.

6. We are satisfied with the voluntary nature of the statements made before us and the compromise reached between the parties. Nothing exists on record which could persuade us not to act upon this compromise or to punish Muhammad Ishaque appellant by way of Tazeer.

7. In this view of the matter, the impugned judgment, dated 31-8-1991 and the conviction and sentences recorded therein are, set aside and Muhammad Ishque appellant is resultantly acquitted of the charge of murdering Abdul Hameed deceased, as envisaged by the provisions of section 345 of the Cr.P.C.

8. Criminal Appeal No.837 of 1991 is accordingly allowed in the above terms and Murder Reference No.400.of 1991 is disposed of in the said terms.

N.H.Q./M-1462/L

Appeal allowed.