RAHIB & ANOTHER (Appellant) VS THE STATE (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Crl. Appeal No.S-94 of 2020.

Date of hearing Order with signature of Judge

1.For hearing of M.A.No.8872/2020 (345(2) Cr.PC).

2.For hearing of M.A. No.8873/2020 (345(6) Cr.PC).

3.For hearing of M.A.No.2572/2020

4.For hearing of main case.

Mr. Amanullah Bughio, Advocate for the appellants. Ms. Rameshan Oad, A.P.G for the State.

Complainant Akram and Injured Akhtar present.

It is alleged that the appellants with rest of the culprit in furtherance of their common intention caused fire shot injuries to PW Akhtar with intention to commit their murder, for that they were booked and reported upon.

2.On conclusion of trial, they were found guilty for the aforesaid offence and were convicted and sentenced to various terms by learned trial Court vide judgment dated 03.03.2020, which is impugned by the appellants before this Court by preferring an appeal.

3.During course of hearing of instant Criminal Appeal, the parties compounded the offence and to materialize such compromise they filed such applications before this Court.

4.On query made by the Court, complainant Akram and PW/Injured Akhtar were fair enough to say that they have pardoned the appellants in the name of Almighty Allah at the intervention of their nekmards and have waived their right of Qisas and Diyat against them. Whatever was

Crl.Appeal No.S-94 of 2020

stated by them takes support from their affidavits which they have filed along with compromise applications.

5.It is contended by the learned counsel for the appellants that since they have been pardoned by the complainant party therefore, they are liable to their acquittal, which is not opposed by learned A.P.G for the State.

6.I have considered the above arguments and perused the record.

7.The offence is compoundable one. The parties have entered into compromise, on intervention of their nekmards, which appears to be true and voluntarily. In these circumstances, the compromise arrived at between the parties is accepted. Consequently, the appellants are acquitted of the offence, for which they have been charged, tried and convicted by learned trial court, they are in custody and shall be released forthwith if not required in any other custody case.

8.The instant appeal together with the listed application[s] are disposed of accordingly.

JUDGE

Ahmed/Pa,

Crl.Appeal No.S-94 of 2020