2010 P Cr. L J 634
[Quetta]
Before Qazi Faez Isa, C.J. and Ghulam Mustafa Mengal, J
SHAFI MUHAMMAD and another ----Appellants
Versus
THE STATE and another ----Respondents
Criminal Appeal No.(S)51 and Murder Reference No.(S)12 of 2007, decid ed on 13th October,
2009.
Penal Code (XLV of 1860) ---
----S. 302(b) ---Criminal Procedure Code (V of 1898), S.345 ---Qatl-i-amd---Compromise ---
During pendency of appeal legal heirs of the deceased had compromised with the accused and
voluntarily granted "Afw" to him in the name of Almighty Allah ---Nothing existed on record
to impede the process of compromise or persuade to punish the accused by way of Tazir under
S.311, P.P.C. ---Compromise arrived at by the parties was consequently accepted and the
accuse d was acquitted accordingly.
Rauf Hashmi for Appellant (in Criminal Appeal No.(S)51 of 2007).
Nouman Shafique for the State (in Criminal Appeal No.(S)51 of 2007).
H. Shakeel Ahmed for the Complainant (in Criminal Appeal No.(S)51 of 2007.
Nouman S hafique for the State (in Murder Reference No.(S)12 of 2007).
Rauf Hashmi for Convict Shafi Muhammad (in Murder Reference No.S(12) of 2007).
H. Shakeel Ahmed for the Complainant (in Murder Reference No.(S)12 of 2007).
Date of hearing: 28th September, 2009.
JUDGMENT
GHULAM MUSTAFA MENGAL, J. --- Through this appeal the appellant has assailed
judgment dated 11th May, 2007 passed by learned Additional Sessions Judge, Nasirabad at Dera
Murad Jamali, whereby; he convicted the appellant under section 302, P.P.C. and sentenced him
to suffer death as Tazir under section 302(b), P.P.C. along with compensation Rs.1,00,000 (one
lac) payable to the legal heirs of deceased namely Raheem Bakhsh as envisaged under section
544, Cr.P.C., in default whereof, the c onvict was ordered to further undergo R.I. for six (6)
months, in case F.I.R. No.13 of 2006 dated 24 -1-2006 registered under sections 302/147/148 and
149, P.P.C. at Police Station Manjho Shoori.
2. Murder Reference No.(S)12 of 2007 seek confirmation of t he said sentence of death, while
convict Shafi Muhammad challenged the above mentioned conviction and sentence recorded
against him through Criminal Appeal No.(S)51 of 2007. Both these matters are being disposed of
together through this single judgment.
3. During the pendency of these matters before this Court, Criminal Miscellaneous Application
No.127 of 2009 had been filed praying for the acquittal of Shafi Muhammad appellant on the
ground that the heirs of deceased had compromised the offence in questi on with Shafi
Muhammad, which was referred to the learned Sessions Judge Nasirabad at Dera Murad Jamali
for its verification, who after recording the statements of legal heirs submitted his report to
following effect: ---
"The above legal heirs' statement s have been recorded by this Court. They have verified
the factum of compromise. Their statements further indicate that they shave compounded
the matter voluntarily. It has been categorically stated by the aforesaid legal heirs in their
statements that exc ept them deceased have no other legal heirs, the father and mother of
deceased has been died. The list of legal heirs was also verified from the Investigating
Officer, namely, Nasir Ahmed Assistant Sub -Inspector Police and his statement also
recorded as C. W.5. It is also deemed fit to point out that the conduct of the above legal
heirs in the Court was truly expressive of the voluntarily nature of the compromise
regarding the murder of their deceased Rahim Baksh. Further they have stated before the
Court th at they have patched up the matter outside the Court voluntarily and without any
coercion or pressure and pardoned the accused in the name of Almighty Allah."
4. In order to consider whether the convict Shafi Muhammad is re pentant and other related
matter i.e. Fasad -fil-Arz, moreover, the learned Additional Advocate -General also sought time to
ascertain whether any assistance from Shafi Muhammad, convict is required in tracing the
absconding accused persons, therefore, we directed Superintendent Central Jail Mach to produce
the convict Shafi Muhammad. The convict was produced in the Court, who appeared repentant,
for the crime convicted and had sought forgiveness from Almighty Allah; and we inquired front
Shafi Muhammad about the whereabouts of co -accused , who are reportedly absconding, he
submitted that he has no contact with them as he has been in prison for over three years.
5. We are satisfied with the voluntary nature of the `Afw' granted by the legal heirs of deceased
Raheem Bakhsh. Nothing exists on record, which could persuade us not to act upon the said
`Afw' granted to the appellant or to punish the appellant by way of Tazir under section 311,
P.P.C.
6. Consequently the composition of the offence in question as above noticed is allowed. The
above mentioned conviction and sentence recorded against Shafi Muhammad appellant is set
aside and he is acquitted of the charge as envisaged by section 345, Cr.P.C. He shall be set at
liberty forthwith, if not required to be detained in any other case.
7. Murder Reference No.(S)12 of 2007 and Criminal Appeal No.(S)51 of 2007 are disposed of in
the above terms. Appeal accepted.
N.H.Q./1/Q Compromise accepted.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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