PLJ 2024 Cr.C. (Note) 74
[Lahore High Court, Multan Bench]
Present: Sohail Nasir, J.
NASIR SAEED--Appellant
versus
STATE and another--Respondents
Crl. A. No. 332 of 2021, heard on 31.1.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 345--Pakistan Penal Code, (XLV of 1860), S. 302--Legal heirs of deceased have entered into compromise--Shares of each minor--National savings--Charge to the extent of deceased but not injured witness--Acquittal of--Appellant alongwith his four co-accused had committed the Qatl-i-Amd--The legal heirs of deceased have entered into compromise with appellant--All the major legal heirs of deceased confirmed the compromise with appellant--The interest of minors has also been guarded--Shares of each minor has been deposited in the National Saving Centre--Although there were three injured witnesses of this case but as appellant has been convicted only for the charge of Qatl-i-Amd of deceased therefore they cannot be termed as aggrieved persons now for the purpose of compromise--Compromise shall operate as an acquittal--The said Certificates shall be encashed either with the permission of the court or on attaining the majority by the minors--Appeal allowed.
[Para 3, 5, 6, 7 & 8] A, B, C, D & E
M/s. Khawaja Qaisar Butt and Muhammad Javed Aslam Ansari Advocate for Appellant.
Mr. Muhammad Laeeq-ur-Rehman Assistant District Public Prosecutor for State.
Date of hearing: 31.1.2022.
Judgment
This Criminal Appeal filed by Nasir Saeed (appellant) is directed against judgment dated 21.04.2021 passed by the learned Additional Sessions Judge, Multan on the basis of which appellant has been convicted under Section 302, PPC and sentenced to imprisonment for life. He was also ordered to pay Rs. 4,00,000/- (four lacs) as compensation to the legal heirs of deceased Shaukat Ali in terms of Section 544-A, Cr.P.C. and to undergo six months S.I in default thereof. The benefit of Section 382-B, Cr.P.C. was too extended to him.
2. The conviction is outcome of case FIR No. 108 recorded on 04.06.2009 under Sections 324/148/149, PPC at Police Station Budhla Sant District Multan. Later on Section 324, PPC was substituted by Section 302, PPC.
3. It was alleged that appellant along with his four co-accused on 04.06.2009 at about 01:30 pm had committed the Qatl-i-Amd of Shaukat Ali and attempted to commit the Qatl-i-Amd of Mustafa Fauji, Murtaza Fauji and Mukhtar.
4. The legal heirs of deceased have entered into compromise with appellant and the matter was referred to learned Sessions Judge, Multan for verification of genuineness of compromise. According to the report submitted by learned Sessions Judge, Multan, Shaukat Ali (deceased) is survived Taj Muhammad (complainant), Ramzana Bibi (widow), Muhammad Sharif (father) and Sughran Bibi (mother). The deceased is also survived by his minor children named Azhar Mehmood (son), Nimra Zafar (daughter), Samra Zafar (daughter) and Amara Zafar (daughter).
5. All the major legal heirs of deceased got their statements recorded who confirmed the compromise with appellant and they maintained that with their own free wil! and consent they have forgiven the appellant in the name of Allah Almighty and they have no objection for his acquittal. The learned Sessions Judge further reported that the interest of minors has also been guarded and on Courts direction shares of each minor has been deposited in the National Saving Centre, Multan and in lieu thereof the Defence Saving Certificates have been issued. The original Certificates are also part of report of the learned Sessions Judge.
6. Although there were three injured witnesses of this case but as appellant has been convicted only for the charge of Qatl-i-Amd of Shaukat Ali therefore they cannot be termed as aggrieved persons now for the purpose of compromise.
7. From the report received I am satisfied that the compromise of appellant with legal heirs of deceased is genuine so it requires to be given effect. Therefore this Criminal Appeal is allowed. Impugned judgment dated 21.04.2021 is set aside and the compromise in terms of Section 345(6), Cr.P.C. shall operate as an acquittal. Appellant is in jail and shall be released forthwith if not required in any other case.
8. Office is directed to return original Defence Saving Certificates of all the minors after placement photo copies thereof on the record to the learned Sessions Judge who shall hand over the same to the mother of minors. As already ordered by the learned Session Judge the said Certificates shall be encashed either with the permission of the Court or on attaining the majority by the minors.
(M.A.B.) Appeal allowed
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