MUHAMMAD KABIR Versus STATE

This shall dispose of Criminal Miscellaneous No.1 of 1993, alongwith the main criminal appeal as well as Criminal Revision No.290 of 1991, as while issuing notice in the said criminal miscellaneous on 23-1-1993, the main criminal appeal was directed to be fixed for today.

2. The appellant herein was convicted and sentenced by the learned Additional Sessions Judge, Sialkot, vide judgment, dated 25-2-1991, as follows:--

Under section 304, Part I, P.P.C. to R.I. for ten years with a fine of Rs.5,000 or in default to further R.I. for one year, for having caused the death of Shabbir Hussain deceased; and

Under section 307, P.P.C. to R.I. for three years with a fine of Rs.1,000 or in default thereof to further R.I. for six months, for having caused injuries to his own sister, Mst. Shakila Kausar.

The appellant was, however, extended the benefit of section 382-B, Cr.P.C. with the direction that the sentences shall run concurrently.

3. The learned counsel submitted that the deceased, Shabbir Hussain, has left only two legal heirs, i.e. his father Muhammad Ali and his mother Mst. Hamida Begum, as the deceased was unmarried. Further submitted that the said legal heirs have compromised the instant case with the appellant and have forgiven him in the name of Almighty Allah and have waived their right of Qisas in accordance with the provisions of section 309, P.P.C. read with section 345, Cr.P.C. Further submitted that the injured P.W. Mst. Shakila Kausar has also forgiven the appellant in the name of Almighty Allah. Further submitted that the said legal heirs of the deceased and the said injured P.W. are present before the Court to confirm the compromise effected. Further submitted that they have already filed their affidavits, alongwith the photostat copies of their National Identity Card and a certificate from the Chairman, Union Council, concerned, confirming that the parents of the deceased are his only legal heirs, and that the compromise as stated, had been effected between the parties, and that the said legal heirs have forgiven the appellant in the name of Almighty Allah.

4. The legal heirs of Shabbir Hussain deceased, i.e. his father Muhammad Ali and mother Mst. Hamida Begum, present before the Court, confirmed the compromise effected and reiterated that they have forgiven the appellant for the murder of their son Shabbir Hussain, in the name of Almighty Allah without any compensation, as they have waived their right of Qisas.

5. The injured P.W., Mst. Shakila Kausar, present before the Court confirmed the compromise effected and stated that she have forgiven the appellant for having made an attempt on her life by injuring her, in the name of Almighty Allah.

6. All the three, i.e. Muhammad Ali, Mst. Hamida Begum, parents of the deceased Shabbir Hussain, and the injured P.W., Mst. Shakila Kausar, have confirmed the contents of their affidavits on the record; and contended that in A view of the compromise effected, the appeal may be allowed and the appellant be acquitted.

7. Therefore, the compromise stated above, is hereby confirmed and in accordance therewith the present criminal appeal and Criminal Miscellaneous No.1 of 1993 are allowed, the impugned judgment is set aside and the appellant is hereby acquitted of the offences charged. He shall be released forthwith, if not required to be detained in any other case.

8. In view of what has been stated above, Criminal Revision No.290 of 1991, ordered to be heard alongwith the captioned appeal is hereby dismissed.

N.H.Q./M-1361/1L Compromise accepted.