MUHAMMAD IRSHAD Alias SHADA vs The STATE

ORDER

MUHAMMAD MUNIR KHAN, J.---Muhmmad Irshad alias Shada petitioner was tried by Additional Sessions Judge, Bahawalpur under section 302, P.P.C. For the murder of Zafar Abbas aged six years, who, on the conclusion of the trial vide judgment dated 18-11-1992 convicted him and sentenced him to death and a fine of Rs.50,000 or three years' R.I. In default. The appeal filed by the petitioner was dismissed and the sentence of death was confirmed by the Lahore High Court, Bahawalpur Bench, on 21-5-1995. Feeling aggrieved thereby the petitioner filed petition for leave to appeal through jail which was barred by 17 days. As the petition involved sentence of death, so Mr. Muhammad Munir Peracha, Advocate, Supreme Court was nominated as a counsel for the petitioner at State expenses. During the pendency of the petition for leave to appeal, the parties compromised. The Compromise Pro forma was filed in the Jail petition for leave to appeal which was forwarded to the learned Sessions Judge Bahawalpur for verification, who, after recording the statement of Attaullah, the father and Mst. Nasim Bibi, the mother of the deceased, has reported that the legal heirs have waived their right of Qisas and compromised with the petitioner/accused.

2. In view of the compromise between the parties, delay of 17 days in filing the petition is condoned.

3. Father and the mother of the deceased are present in Court. They own I compromise and state to have waived their right of Qisas. We are convinced that the compromise between the legal heirs of the deceased and the petitioner accused is genuine. The composition of an offence under section 302, P.P.C by the legal heirs of the deceased shall have the effect of acquittal of the accused with whom the offence has been compounded.

4. Resultantly, the petition is converted into appeal and allowed. The petitioner shall be released forthwith if not required to be detained in any other case.