Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.345---Appreciation of evidence---Compromise---During pendency of appeal the legal heirs of deceased had compromised with accused persons---Accused persons filed two applications, one under S.345(2), Cr.P.C. seeking permission to compound the offence and other under S.345(5), Cr.P.C. praying for accepting the compromise and acquitting them---Along with said applications prescribed pro formas and affidavits of all the legal heirs of the deceased had been filed in which they had stated that they had patched up with them and had pardoned them without any consideration or compensation and that they had waived their right of Qisas and Diyat---All legal heirs appeared in court and repeated their said averment before the court, without raising any objection against setting aside the conviction and sentence awarded to accused persons and against their acquittal---Applications were allowed and conviction and sentence awarded to accused persons were set aside and they were acquitted and released. . JUDGMENT KHADIM HUSSAIN M. SHAIKH, J.---Through this appeal, appellants called in question the judgment dated 28-3-2006, passed by the learned Court of Additional Sessions Judge, Kamber in Sessions Case No.323 of 1998, based on Crime No.29 of 1998, Police Station Mahi Makol for offences under sections 302, 458, 34, P.P.C. whereby the appellants were convicted under section 302(b), read with section 34; P.P.C., and sentenced to suffer imprisonment of life. 2. During the pendency of this appeal the legal heirs of deceased Qurban Ali son of Ali Hassan Hulio, have compromised with the appellants namely Mushique son of Allah Dino Sangah, Ghulam Rasool son of Abdul Ghani Sangah and Ghulam Abbas son of Muhammad Ali Sangah, with the result that they have preferred two listed applications i.e. application under section 345(2), Cr.P.C, seeking permission to compound the offence and application under section 345(5), Cr.P.C. praying for accepting the compromise and acquitting the said appellants. Along with the said applications prescribed pro formas and affidavits of all the legal heirs of the…

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