Law:

Section:

Penal Code (XLV of 1860)---S. 302(b)/149---Criminal Procedure Code (V of 1898), S.345---Constitution of Pakistan (1973), Art.185(3)---Acquittal of accused on the basis of compromise---Legal Heirs of the deceased had entered into a compromise with both the accused which was found to be genuine and voluntary---Nothing was available on record to either justify punishment of the accused under S.311, P.P.C. or to persuade the Court to withhold its permission in the matter of compounding of the offence---Petitions for leave to appeal were consequently converted into appeals and allowed---Accused were acquitted accordingly on account of compromise reached between the parties. ORDER Mumtaz and Munir Ahmed, petitioners are before us through Criminal Petitions Nos.33-L of 2005 and 423-L of 2004 impugning the conviction and punishments recorded against then: under section 302(b) of the P.P.C. read with section 149, of the same Code. During the pendency of these petitions, it was submitted before this Court that the legal heirs of Gulzar deceased had entered into a compromise with both the petitioners namely Mumtaz and Munir Ahmed and it had consequently been prayed that the said two petitioners be acquitted of the said charge. In view of the said stance, the learned Sessions Judge of Jhang was directed to look into the matter of said alleged compromise; verify the factum of the same and then to submit a report to this Court which report dated 26-1-2005 has since been received. 2. The learned Sessions Judge reports that Gulzar deceased was unmarried at the time of occurrence; that his father namely Mali had also died before his murder; that he had been survived by his mother Mst. Sattan, two brothers namely Zulfiqar and Nazir Ahmad and three sisters namely Mst. Allah Jawai, Mst. Fateh Bibi and Mst. Jantan; that he had verified the pedigree-table and had identified the heirs of the deceased on the basis of a report submitted by the Naib Tehsildar of Rabwah and…

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