SHARAFAT ALI Versus THE STATE
RANA MUHAMMAD ARSHAD KHAN, J. --- Muhammad Ahmed, Mehboob Ahmad, Sharafat Ali, Farooq and Abdul Aziz, were tried for the murder of Jamil Ahmed alias Nikka, by the learned Additional Sessions Judge, Pakpattan Sharif, who vide his judgment; dated 20-4-1994, convicted Sharafat Ali, appellant herein under section 302, P.P.C. and sentenced him to death with a fine of Rs.30,000 and in default of payment whereof to undergo additional two years' R.I. He was further directed to pay compensation of Rs.20,000 as contemplated under section 544-A, Cr.P.C. to the legal heirs of the deceased and in default of payment thereto, to undergo further one year's R.I.
2.The aforesaid judgment was assailed through the present appeal. The confirmation of death sentence under section 374, Cr.P.C. was also sought. Both the matters are pending before us. During the pendency of the aforesaid matters, an application on behalf of the appellant was moved that he had effected compromise and the legal heirs of Jamil Ahmed alias Nikka, forgiven him in the name of Almighty Allah, therefore, he be acquitted.
3. In order to verify the authenticity of the application, a direction was given to produce the legal heirs of Jamil Ahmed alias Nikka and accordingly Muhammad Hanif and Fatima Bibi, father and mother of the deceased respectively, have appeared. Their statements have been recorded separately wherein they have stated that the deceased was unmarried and they had effected compromise with the appellant and he had been forgiven in the name of Almighty Allah. They have also stated that they have effected compromise with their free will and consent. There is no other legal heirs of the deceased, as per the statements of father and mother of the deceased. The aforesaid legal heirs of the deceased have been identified by Mushtaq Ahmed son of Umer Din, Lumberdar of Chak No. 19/S. P., Pakpattan. His statement on oath has also been recorded.
4. After going through the statements of the legal heirs of the deceased, Jamil Ahmed alias Nikka we are convinced that they have effected compromise, with their free will and they have genuinely forgiven the appellant to lead their lives cordially in future.
5. In these circumstances, while accepting their statements, we allow the compromise consequent thereupon, the appeal is accepted, conviction and sentence of the appellant is set aside and he is acquitted of the charge. He shall be released forthwith if not required in any other case. The death sentence is NOT confirmed.
N.H.Q./S-68/L Appeal accepted