STATE Versus MUHAMMAD AFZAL

This State appeal is directed against the order of M.I.C. Kharian dated 31-10-1985, whereby he acquitted all the six accused/respondents herein, from the charges under section 325/147/148/506, P.P.C. The appeal was admitted to regular hearing vide my order, dated 9-10-1989, observing that the presence of the three eye-witnesses namely Muhammad Mushtaq (P.W.1), Muhammad Amin (P.W.2) and Mst. Zubaida Begum (P.W.4) cannot be doubted because they received as many as 15 injuries while Muhammad Amin, P.W., had suffered a grievous hurt, therefore, the mere fact that they were related inter se was not enough to discard their evidence.

2. Mr. Aftab Iqbal Chaudhry, Advocate has appeared on behalf of all the respondents today. From the complainant side, Muhammad Amin (P.W.2) is also present who is father of the other two injured witnesses namely Mst. Zubaida Begum (P.W.4) and Muhammad Mushtaq (P.W.1), he stated that he has effected a compromise with the accused/respondents and pardoned them A in the name of Almighty Allah. He further stated that he has no objection if their acquittal recorded by the lower Court is maintained and this appeal is consigned to record. ,

3. According to law, section 325, P.P.C. is compoundable with permission of Court, so even if this appeal succeeds, the persons suffering grievous hurt can still compound the offence with permission of the Court, therefore, in view of the compromise effected between the parties, it is no use to proceed with this appeal any further. Consequently, the order of acquittal of the learned lower Court is hereby maintained and this appeal is dismissed.

N.H.Q./S-404/L Appeal dismissed.