Farhan @ Tinda & Ors (Appellant) VS The State (Respondent)

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ITI THE HIGH C6TIRf OP SffDfl

COTIRT HYDERABAD

Cr. Appeat No' .9- 7 I of 2022

7.Fcrrhdn @Tlnd,a S/o Ya;nteen l*elgar

2.Abid @fuongo S/o Sarruar l*elgar 3. Sabtr @ Soo ta S/o Sarrwolr l*elgo;r Att Adults, Muslims' R/ o Muhallah Manuabad' N aw ab shah N aut ab s'hah Taluka' ad Distnct Shalwed B enazir ab PresentlY confined -at Appellants.

Centrat Prison MirPurkhas yEESUS

""' Respondent- T?Le State.

Cime No. 174/ 2012 tll s 3O2' 504, 506/ 2, 34 P.S A-Sechon

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ORDER SI_IEET

rN THE I{IGH COI]RT OF SII{DH' v Cr. APPeal No.S-71 ol2022

DATII ORD E,R WITI.I SIG}TATI]RE OF JIJDGE

.A-8286 of 2023\ . F-or he aring of app licatiorr u/ s 3a5(2) Cr'P'C (M o . For he aring of apP lication u/ s 345(6) Cr'P'C (M .A-8287 of 2023)-

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3 . [rt:r he arl nR of app lication u s426 Cr. P.C (M.A- 4736 of 20 23),

04.1 2.2An.

Mr. Zahicl Hussain I(hoso, Advocate for appellants.

r. Shahid Ahmecl Shaikh, Addl- Prosecutor General, Sindh' v I have heard the learnecl connsel for the appellant and learned A'P'G Reservecl for .f ud gment.

JTID GE

*Htrliz Fultud+

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IH THE HIGH COURT OIi- SIIiIDH, CIRCUIT COURT

HYDER.ABAD

Cr. Appeal No. S- 71 of 2o22 't

1 Iror hearing of application u/s 345(2) Cr.P.C (M.A-8286 of 2023). c For hearing of application u/s 345(6) Cr.P.C (M .A-8287 of 2023). 3 For hearing of apnlication u /s a26 Cr.P.C (M.A-4736 of 2Q23).

Mr. Zahid Hussain Khoso, Advocate for appellants. Mr. Shahid Ahmed Shaikh, Additional Prosecutor Genera-l.

Date of hearing : ()4. 12.2023

Date of Jr-rdgment : cl8. 12.2023

JUDGMET{T

MOHAMMAD KARIM KHI$.N AGHA. J.- Thro ugh instant appeal, the appellants namely, (1) Farhan @ Tinda, (2) Abid @ Goongo and (3) Sabir @ Soota have assailed the conviction and sentence awarded to them, &s mentioned in the concluding para (Point No.3) of the impugned judgment dated 13.04.2022, passed by the learned l"t Additional Sessions Judge/Model Cr iminal 'lrial Court, Shaheed Benazirabad in Sessions Case No.13, +3 of 201 5, emanating from Crime No.1"I4 of 2QL2, registered at Pr llice Station A-Sectiorr Nawabshah for offences under sections 302, 504,i 506(2),

34 PPC

2- Appellants named at-rove as set out in the lIT pugned i

'judgment, were convicted and sentenced to suffer impri sonri'r'ent for Iife with payment of colrrpensation amount of Rs i.2,00,O00/ - [Rupees 'ft,vo Lac] each to the legal heirs of the decealsed. During pendenc5, of the appeal, ther legal heirs of deceased, namely Shafi \ Muhammad (brother), Mst. ;i,{arvi (sisteri and Mst. Mehtab @ I{iran (widow of cieceased) have joirrtl! moved applications under sections 345(2) and 345(6) Cr.F.c, on the ground that they have compromised the matter outside the Court and have pardoned the appellants in the name of ALMIGHTY ALLAH and on the intervention of trekmards of the locality, therefore, they file,C

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the o rementioned aPP lications seeking permission to compound and as a resu lt thereof ercquittal of the appellants' The said Y offence lst Additional Sessions applications were sent to the learned Judge/MCTC, Shaheed Benazirabacl for conducting an In qulry ln ldgal heirs ,f deceased and . ge nuineness of resp ect of the comp romise between the parties, who has submitted his report clatedl3.og.2o2S,whichisavallableonrecord. ; . ^r r^- {-1^^ ^'-*ol as we 1l as learned A'P'G 3r Learned counsel for the appellants compoundable and all the for the state submit that the offence is the appellants in the name of legal heirs of deceasecl have pardoned any compensation amount;

Almighty Allah and without claiming listed applications may be acceptecl and the therefore, the appellantsmaybeacquittedintermsofCompromise the compromise 4_ Learned Additional p.G after going through 1*t Additional sessions applications and the report o[' the learned shalreed Benazirabacl, submits that the entire exerclse Judge, out by him is in accord'arrce with law; however, he carried paid by the ap ts as it submitted that compensation should be pensation cannotbegiven-up;hence,r;u'ojecttopaymentof ecLion if amountaSawardedbythet'rialCourt,hehasno as a result f the compromise applications are 'accepteri and appellantsareacquittedintel.msofcompromise. have I have hearcl the learned- counsetr for the partie erfl

ffence ls examined the file minutely. Admittedly, the rl the 1egal i

Compoundableandthepart"iesi.e.theappellantsan for compou nding heirs of the deceased have filed joint applications i were the offence ancl acquittal of tne appeflants. These applications heirs of deceased sent to the trial Court for verification of the legal has been receivecl' and genuineness of compromise and such report last but relevant para of the same is as urnder:- "That from tLrc statements of aboue mentioned' tegal heirs of rleceotud Grt Muhamamd Bhingwar, it haue transpires that the pardo-ned tlrc aboue named legal lreirs of tLrc deceased Leelgar. arud conuicts Farhan @ Tindu Leelgar, Abid' @ Goongo Sabir @ Soota Lietgar in tkrc narrrc of Almignty- el\h person without or diyat amoun1 /Vo ottrcr receiuirug anA clairuiid t, ie "o*f*nsation t git heir of the aboue named deceased has "o**

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to Publi"catiort of ruotice in dailg rlewspaper fonuard LN reFpo nseof ang ot tLer pe rsot? has come to tight iru the Kausish, rler'rlame "kar R euerlue Nawabshah, SHO P,S T reports fu rnis?wd bg MukLttiat ista nt Director IVADRA St4 kkur. A-Sectiort Nawabshah and 'tss heirs of the ased, 'lhe statements of aboue nctmed legdal anY uress and coerctorl.

appears to be uolun tary, with'cut after gq ther It appears from the saiC report that adop

of the legal heirs were re requirecl form alities, statements appears tha t comPlainant Muhammad Khan' wh further of this of the dece asecl had exPirecl during Penden brother surviving legal heirs ely Shafi appeal. However, the remalnlng and Mst, Meh Kir an Mr-rh bro ther Mst. Mal:vl 51S r have pardoneci the appellants and have not \^r1 dou, o f dece ased them' claimecl any compensation from and the parties i.e' 7- Admittedly, the offence is compoundable as mentioned above have filed the appellants, ancl the legal heirs offence and acquittal of the joint applications for compounding the were sent to the triai ccurt flor appellants. These applications of deceasecl and genuineness verification of regar heirs of ancl report has bee, received which reveals that compromise reports from concerned sHo ancr Mukhtiarkar as well as family notice in daily Express tree from NADRA were ca iled and g.2023 -was pubiished. As per reports of sHO newspaper dated 05.0 Mukhtiarkar as well as the family tree of NADRA no other and person except the aforerrrentioned legal heirs claiming to be legal and nobody objected to the heir of the deceaserl came i, picture stated that both compromise.Learned counsei lor the parties rrave parties have compoundecl the offence and legal heirs of the in the name of ALMIGHTY deceased have pardonecl the appellants any diyat, daman or ALLAH and they also clc not claim appellants are compensation, hence they have no ohjection if the \ releasecl hY this Court' compensation of B- rt is noted that trre tri*r court has award.ed Rs.2,OO,Ooo/r [Rupees Two LacJ each payable to the legal heirs of the same has been waived the creceasecl by the apperlants. Though the deceased however' the same according off by the lega-l heirs of waived off / given-u ./ to law is mandatory and cannot be 7

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g- ln view of the a}:ove, the iomptomise arrived at between t he: .T parties; appears to 1re genuine and not the result of any coercion or compulsicln erncl since the parties seern to be related. to each other, the same is likeii, to promote harmony between them and peace in the societ)i, Thbre appears to be noiimpediment legal or otherwise in accepting the cornpromise between the parties. Accordingly, the application urnder Section 345(2) is aqcepted. and the parties are allou,ecl to cornpouncl the offence. Resultantly, the application under Section 345(6) Cr.P.C. is also allowecl ancl the appellants are acquittecl in vier,rr of the compromise arrivecl at between the parties. Consequently, the conviction' ancl sentence award.ed by tlle trial court is set-aside,only to the extent of imprisonment; however, as regarrcls to payrnent of compensation as mentioned in the cc Lrcl urding para of the irnpurgned j urdgm ent vtz. Rs. 000 Rur ees Turo Lac: each the appeilants are liable to furrnish a t securrity l:oncl equrivalent to the said amount before the Additional Registrar of this Courrt with an urndertaking to ensure payment of aforementionecl amount of compensation. to the legal heirs of cieceased as directed in the impugned. judgment ih 36 installments, rn,ithout lait. Sr-rbject to fulfilling- such conclition and on payment of l rt installment with the Ad,Citional Registrar, the appellants shall be released forthwith if not required in any other custody case and the appellants shall pay remaining monthtry installments regularly, in case of, their faili-lre, appropriate action will be taken against them. Soon after completing all the installments of compensation amollnt, tire san:e shall be disburrsed amongst the legal heirs of deceased as per 1atr,r,

i O- Accordingly, the appeal stands disposed of in the airove term s.

'*Ilafiz Fahud*