Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 345---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Compromise---Legal heirs of deceased had compromised with accused during pendency of appeal---Two applications were moved, one under S.345(5), Cr.P.C. seeking permission to compound the offence and other under S. 345(6), Cr.P.C. praying for accepting the compromise and acquitting the accused---Compromise application was allowed and the amount of share of minors had been deposited---Statements of mother of minors was recorded, which showed that she had forgiven the accused persons on her behalf as well as on behalf of her minor children, for whom she was appointed as guardian/wali by the Trial Court---Interest of minors in such cases, was safeguarded on the basis of their share in the diyat amount, which was prescribed---Interest of minors having been safeguarded, therefore, there would be no impediment to allow the compromise with the accused-petitioner---Facts and circumstances of the case showed that compromise was made without duress, pressure coercion and the same was volunteer in nature---Application under S. 345(5), Cr.P.C. was allowed and parties were permitted to compound the offence---Application under S. 345(6), Cr.P.C. was allowed and accused-petitioner was acquitted of the offence---Appeal was disposed of accordingly. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The facts of the case are that appellant along with co-accused namely, Bhagio, Bilawal, Umedo, Sheral, Abdul Qayoom, Qadir Bux and two unidentified persons armed with deadly weapons took part in an episode, in which the brother of complainant namely, Muhammad Thaheem expired due to firearm injuries. The allegation against the appellant and his associates is that they are responsible for the said episode of firing upon deceased. After trial, the appellant was convicted and sentenced to imprisonment for life and pay compensation of Rs.100,000/- to the legal heirs of deceased and in case of failure to make payment of compensation to undergo S.I for six months more. During pendency of the appeal, the appellant has…

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