1998 M L D 1
[Lahore]
Before Muhammad Asif Jan and Raja Muhammad Khurshid, JJ
MUHAMMAD NAWAZ and others---Petitioners
versus
STATE---Respondent
Criminal Miscellaneous No. 149-M in Criminal Appeal No. 143 of 1996,
decided on 7th October, 1996.
Penal Code (XLV of 1860)---
----Ss. 302/34 & 324/34---Criminal Procedure Code (V of 1898), S.345--
Compounding of offence---Legal heirs of both the deceased had forgiven the
accused as well as the absconding co-accused in the name of Allah and had
sworn affidavits to that effect which had been placed on record---Petition for
permission to compromise was accepted and the accused and absconding co -
accused were directed to be set at liberty forthwith.
Altaf Ibrahim for Petitioners.
Sh. Muhammad Rasheed for the Complainant.
Sh. Muhammad Rahim for the State.
Date of hearing: 7th October, 1996.
ORDER
MUHAMMAD ASIF JAN, J.---Muhammad Nawaz Shah petitioner/appellant
was convicted under section 302, P.P.C. read with section 54, P.P.C. and
sentenced to imprisonment for life alongwith a fine of Rs.50,000 and in case of
default to further R.I. for 2 years. He was also ordered to pay Rs.50,000 as
compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. on
two counts, for having caused death of Syed Nau Bahar Shah and Waryam
alongwith his brother Riaz Hussain Shah (absconder). Both Muhammad Nawaz
Shah petitioner/appellant and absconding accused Riaz Hussain Shah were also
convicted under section 34, P.P.C. read with section 34, P. P. C. and sentenced to
7 years R.I. alongwith a one of Rs.10,000 each and in case of default in
payment of fine were ordered to undergo further R.I. for one year for having
caused injuries to Falak Sher and Alamdar Hussain Shah vide judgment/order
of Mr. Muhammad Asif Khan, Judge, Suppression of Terrorist Activities Court,
Multan Division, Multan, dated 23-4-1996.
2. Syed Nau Bahar Shahh left behind the following legal heirs
(i) Mst. Ghulam Jannat, mother,
(ii) Mst. Nadira Bukhari, wife,
(iii) Syed Amjad Hussain Shah, son
(iv) Syed Alamdar Hussain Shah, son,
(v) Hina Bukhari, daughter, and
(vi) Mina Bukhari, daughter,
Deceased Waryam was survived by the following legal heirs;
(i) Sheran Bibi, wife.
(ii) Zafar Abbas, son,
(iii) Mst. Sulekhan, daughter,
(iv) Sughran Bibi, daughter, and
(v) Shamim Bibi, daughter.
3. The abovementioned legal heirs of both the deceased have for given
Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz
Hussain Shah in the name of Allah, and have sworn affidavits to that effects
which have been placed on record alongwith Identity Cards.
4. The abovementioned legal heirs of both the deceased are also present in
Court and have reiterated the correctness and genuineness of their affidavits
which are also verified by their learned counsel.
5. The abovementioned legal heirs of both the deceased pray that Muhammad
Nawaz Shah and his brother co-accused Riaz Hussain Shah (absconding
accused) be acquitted.
6. Falak Sher and Alamdar Hussain Shah, the two injured witnesses are also
present in Court. They have also sworn affidavits, which have been placed on
record.
Resultantly, this petition is accepted and Muhammad Nawaz Shah
petitioner/appellant and Riaz Hussain Shah (absconding accused) are set at
liberty unless required in any other case.
N.H.Q./M-451/L Compromise allowed.
