ADMINISTRATOR, MUNICIPAL COMMITTEE, DERA ISMAIL KHAN Versus HABIBUR REHMAN KHAN
Muhammad Sharif (30), Muhammad Shabbir (28) sons of Ahmad, Muhammad Sarwar alias Sarfraz (25) son of. Khan, Khan (55) son of Murad and Ahmed (55) son of Bahu, all residents of Parr Massu, Police Station Sukheki, District Gujranwala, were tried by learned Additional Sessions Judge, Sheikhupura (Sessions Trial No.10 of 1991) under section 302/109/34, P.P.C., for murdering Shahbaz Hussain son of Muhammad Siddique complainant on 14-5-1989 when he had left his village with a bag of wheat on his donkey for milling at a nearby Grinding Machine. The accused/appellants Muhammad Sharif and Muhammad Shabbir had suspected the deceased of having illicit affairs with their sister Mst. Rasulan. The prosecution had relied upon circumstantial evidence, evidence of recovery and extra judicial confession. The trial Court convicted Muhammad Sharif, Muhammad Shabbir and Sarwar accused under section 302/34, P.P.C. and sentenced them to undergo imprisonment for life and so also imposed a specific amount of fine. Khan and Ahmad who were accused of abetment of the murder were, however, acquitted as the prosecution had utterly failed to connect them with the crime. The convicts have now appealed against their conviction, mainly contending that the prosecution has not been able to adduce evidence connecting them with the crime, by means of Criminal Appeal No. 528 of 1991.
2. During the pendency of the appeal, the parties entered into a compromise and the composition deed was duly filed in the Court in which the heirs of the deceased, namely, Muhammad Siddique, father, Mst. Kaniz Zohra, widow, Sarfraz (8), Shahnawaz (5) sons and Mst. Farzana Kausar (10), daughter, had agreed to waive the right of Qisas and to pardon them in lieu of Diyat in the shape of a piece of land measuring 10 Kenals 9 Marlas, containing a garden, a house and other amenities.
3. In order to ascertain the genuineness of the compromise, the statements of Muhammad Siddique son of Roshan, father of Shahbaz deceased and that of Mst. Kaniz Zohra, widow of the deceased, were recorded in this Court. Both the heirs of the deceased categorically stated that the compromise had been effected l with their free will and without any coercion having been employed on them, from any side and so also for the benefit of the minors. The heirs were identified B by Mr. M.D. Chaudhry, Advocate who was representing them in the Court. The offence of murder is now compoundable. Since the heirs of the deceased have waived their right of Qisas and have accepted Diayat, the appellants are. therefore, entitled to acquittal. They are acquitted of the charge of murder and shall be set free forthwith if not required to be detained in any other case.
N.H.Q./M-1805/L Compromise allowed