Waived their all rights of ‘Qisas’ Diyat’ and made their statements voluntarily without any fear duress, coercion or undue influence and have no objection if he is acquitted--

 PLJ 2021 Cr.C. (Lahore) 80 (DB)

Pakistan Penal Code, 1860 (XLV of 1860)--

----Ss. 302(b), 324 & 311--Criminal Procedure Code, (V of 1898),
S. 345--Conviction and sentence--Compromise--All Major legal heirs of deceased deposed that they had entered into compromise with appellant and have forgiven convict in name of Allah Almighty and waived their all rights of ‘Qisas’ Diyat’ and made their statements voluntarily without any fear duress, coercion or undue influence and have no objection if he is acquitted--So that parties end their future hostilities and live peacefully--Appeal was accepted on the basis of compromise and he is acquitted of the charge.                   

                                                                              [Pp. 83 & 84] A & B

2012 SCMR 606 ref.

M/s. Ali Hassan Rana and Afzaal Hussain Rana, Advocates for Appellant

Mr. Javed Iqbal Malik, Advocate for Complainant.

Mr. Tariq Javed, APG for State.

Date of hearing: 23.10.2019.

 PLJ 2021 Cr.C. (Lahore) 80 (DB)
Present: Sadaqat Ali Khan and Shehram Sarwar Ch., JJ.
SUFIAN AHMAD--Appellant
versus
STATE--Respondent
Crl. A. No. 55983 & M.R. No. 276 of 2019, heard on 23.10.2019.

Judgment

Sadaqat Ali Khan, J.--Sufian Ahmad appellant was tried by the learned trial Court in case FIR No. 155 dated 15.4.2018 under Sections 302/324/311, PPC Police Station, Qila Didar Singh, Gujranwala and was convicted through the impugned judgment under Section 302(b), PPC as Tazir and sentenced to “Death” on two counts alongwith compensation Rs. 4,00,000/- each to the legal heirs of both the deceased under Section 544-A, Cr.P.C. and in default thereof to further undergo six months S.I on two counts.

2. During the pendency of the appeal, the appellant through his learned counsel has moved an application/Criminal Misc. No. 1/2019 under Section 345, Cr.P.C. to effectuate the compromise arrived at between the legal heirs of the Mst. Bashiran Bibi and her grand-daughter Mst. Iqra Bibi deceased and the appellant.

3. Vide order of this Court dated 9.10.2019 the matter of compromise was referred to the learned Sessions Judge, Gujranwala for submission of his report with regard to genuineness and voluntary nature of the above said compromise with further direction that the interest of minor, if any, shall also be safeguarded. In pursuant of the above said order of this Court, the learned Sessions Judge, Gujranwala has submitted his report dated 21.10.2019 as under:

“Bashiran Bibi and her grand-daughter Iqra Bibi were done to death by their near and dear Sufian Ahmad (their grandson and real brother respectively) besides launching murderous assault on his another sister Sidra Shaheen resulting in registration of case FIR No. 155/18, under Sections 302/324/311, PPC at Police Station Qila Didar Singh, District Gujranwala. The case was tried and the aceused was awarded death penalty (on two counts) by Mr. Shakeel Ahmad Sipra, learned ASJ, gujranwala, vide judgment dated 31.07.2019. The accused challenged his conviction and sentence before the Hon’ble Lahore High Court, Lahore through Crl. Appeal No. 55983 of 2019 and thereafter, he moved an application under Section 345 Cr. P.C seeking permission to compound the offence with the legal heirs of the deceased.

2. Vide its order dated 09.10.2019, the Hon’ble Lahore High Court, Lahore has directed this Court to ascertain the genuineness of compromise and submit report in this regard after ascertaining the actual legal heirs of the deceased.

3. It may be mentioned here that reference in hand was mistakenly sent to learned Sessions Judge, Sheikhupura wherefrom the same was received to this end on 16.10.2019.

4. In compliance with the directions of the Hon’ble Lahore High Court, Lahore, this Court has obtained lists of legal heirs of both the deceased from Tehsildar Halqa and SHO concerned. As per said lists coupled with the preliminary investigation carried by this Court, it has come to surface that the parents, husband and the only son of deceased Bashiran Bibi died prior to the occurrence whereas Iqra Bibi deceased was unmarried, her parents are also no longer in this world and her only brother Sufian Ahmad is a convict in this case, hence both the female deceased are now survived by the following legal heirs:

(i)     Bushra Bibi, Deceased:

(i)       Amna Bibi                   (Daughter)

(ii)      Surayya Bibi               (Daughter)

(iii)     Azra Bibi                     (Daughter)

(iv)     BushraArif                  (Daughter)

(v)      RaziaBano                   (Daughter)

(vi)     Fizza Shaheen             (Paternal grand-daughter)

(vii)    Sidra Shaheen            (Paternal grand-daughter)

(ii)    Iqra Bibi, Deceased

(i)       Fizza Shaheen             (Sister)

(ii)      Sidra Shaheen            (Sister)

5. All the above named legal heirs of both the deceased are major. They have appeared before this Court and got recorded their statements to the effect that they are the only legal heirs of the deceased. They have effected compromise -with convict Sufian Ahmad and forgiven him in the name of Allah Almighty. They have also waived their right of Qisas and Diyat. The compromise is voluntary and without any duress, coercion or undue influence. They have no objection if the said convict is acquitted in this case.

6. Sidra Shaheen, aforementioned being injured of this case has also compounded the offence with her convict-brother.

7. All the legal heirs of the deceased were identified by their learned counsel Malik Muhammad Kashif, advocate. Their photographs through webcam were also takan at the top of their respective statements.

8. The upshot of the above narration is that both Bashiran Bibi and Iqra Bibi deceased have been survived by the legal heirs mentioned supra. All of them are major and they have stated  categorically that they have forgiven Sufian Ahmad, convict by burying their hatchet. They have waived their right of Qisas and Diyat. Their compromise with the convict is without any fear, duress, coercion and undue influence and they have extended forgiveness to him in the name of Allah Almighty. The injured lady has also pardon the convict for causing injuik to her. The judgment of the learned trial Ccjurt reflects that fasad-fil-arz; does not attract nor there is any embargo under the law for effecting merit compromise in this case. Learned trial Court has convicted the accused under ta’zir and Section 345 Cr. P.C is well attracted. In the given circumstances, it can safely be held that the compromise between the parties in this case is genuine, voluntary and without any fear or pressure. The parties are closely related inter se and the compromise effected beiween them is in their best interest.

Report is submitted, as directed please.

4. Statements of all the above noted major legal heirs of the both, the deceased (Mst. Bushra Bibi and Iqra Bibi) have been recorded by the learned Sessions Judge, Gujranwala. All the Major legal heirs (detail of which is mentioned in the reproduced above) deposed that they had entered into compromise with the appellant (Sufian Ahmad) and have forgiven the convict in the name of Allah Almighty and

waived their all rights of ‘Qisas’ Diyat’ and made their statements voluntarily without any fear duress, coercion or undue influence and have no objection if he is acquitted.

5. The learned APG has also confirmed the compromise being genuine.

6. In view of the above, we find that compromise has been effected between the parties. All the above stated major legal heirs of Mst. Bushra Bibi and lqra Bibi deceased have forgiven appellant (sufian Ahmad) in the name of Allah Almighty, whereas, Parents, husband and the only son of Mst. Bashiran Bibi deceased had died prior to the occurrence, likewise, Mst. Iqra Bibi deceased was unmmarried and her parents had also already expired and the appellant (Sufian Ahmad) is her only brother who is convict of this case and there is no minor legal heir in this case as reported by learned Sessions Judge, Gujrartwala in his report reproduced above, so we allow permission for this compromise (Criminal Misc No. 1 of 2019) so that the parties end their future hostilities and live peacefully. Resultantly by placing Reliance on the case titled “Jafar alias Jafari vs. The State” (2012 SCMR 606), this criminal appeal filed by Sufian Ahmad appellant is accepted on the basis of compromise. His conviction and sentence awarded by the trial Court through impugned judgment are set-aside and he is acquitted of the charge. He is directed to be released forthwith if not required in any other case. Murder Reference, is, answered in NEGATIVE and Death Sentence of the appellant Sufian Ahmad on all counts is NOT CONFIRMED.

(M.M.R.)         Appeal accepted