MUHAMMAD RAMZAN Versus State
RAJA SHAHID MEHMOOD ABBASI, J.--- Muhammad Ramzan appellant, was tried by a learned Additional Sessions Judge Vehari, in case FIR No.420 dated 07.08.2016 registered under section 302, P.P.C. at Police Station Saddar Vehari, who vide judgment dated 25.03.2017 convicted the appellant under section 302(b), P.P.C. and sentenced him to imprisonment for life for the murder of Raheem Bakhsh (deceased) and to pay compensation of Rs.4,00,000/- to the legal heirs of the deceased to be recovered as arrears of land revenue, in default to further undergo six months S.I.. Benefit of section 382-B, Cr.P.C. was also extended to the appellant.
Feeling aggrieved the appellant has filed Crl.A. No.689-J of 2017 against his conviction and sentence.
2. During the pendency of the appeal Crl. Misc. No.399/2021 was filed by the appellant seeking permission from this Court to allow the compromise arrived at between the legal heirs of Raheem Bakhsh (deceased) and the appellant. A copy of said application along with its enclosures was sent to the learned Sessions Judge, Vehari, with a direction to record the statements of the legal heirs of the deceased and verify the genuineness of compromise arrived at between the parties. He was further directed to see whether the interest of the minor(s), if any, has been fully protected and submit report thereafter. The report dated 22.03.2021 has been submitted by the learned Sessions Judge, Vehari, according to which, Raheem Bakhsh (deceased) was survived by Mst. Zahooran Bibi (widow), Muhammad Saleem (son), Mst. Shameeran Bibi, Mst. Shazia Bibi, Mst. Rukhsana Bibi, Mst. Nazia Bibi, Mst. Balqees Bibi, Mst. Khadija Bibi and Mst. Asia Bibi (daughters). The said major legal heirs were also verified by Naib Tehsildar Vehari and S.H.O. Police Station, Saddar Vehari. The above mentioned legal heirs appeared before the learned Sessions Judge Vehari and got recorded their statements that they have entered into a compromise with Muhammad Ramzan appellant of their own free will and volition and have forgiven him in the name of Almighty Allah and waived their right of Qisas and Diyat and have no objection if the appellant is acquitted of the charge. Learned Sessions Judge observed in his report that all the legal heirs made their statements voluntarily, without duress, coercion or pressure and the compromise arrived at between the parties is complete and genuine one.
3. Learned Deputy Prosecutor General, states that he has gone through the report submitted by the learned Sessions Judge, Vehari, statements of the legal heir of Raheem Bakhsh (deceased) and the other documents annexed therewith and is satisfied with its genuineness, having no objection if Crl. Misc. No. 399/2021 is allowed and appeal of the appellant is accepted on the basis of compromise.
4. In view of the report dated 22.03.2021 submitted by learned Sessions Judge, Vehari, it is observed that the parties have entered into a valid compromise and the same will promote peace and harmony between them. I allow petition for compromise (Crl. Misc. No.399/2021). Consequently, Crl. A. No. 689-J of 2017 filed by Muhammad Ramzan appellant, is accepted, the conviction and sentence awarded to him by the learned trial court, is set-aside and he is acquitted out of the charge on the basis of compromise. The petitioner/ appellant is in jail; he shall be released forthwith from jail, if not required to be detained in any other case.
JK/M-61/L Appeal allowed.