Saifullah @ Tor Jan S/O Abdul Ghani vs The State

Balochistan High Court · 2026 · Before Hon'ble Justice Gul Hassan Tareen

This criminal appeal preferred under Section 410, the Code of Criminal Procedure, 1898 (‘Code’) assails judgment dated 12 May 2026 passed by the learned Additional Sessions Judge-XI, Quetta, by which the appellant was found guilty in FIR 29 dated 11 May 2024, registered at P .SPashtoonabad, Quetta under Section 324 read with Section 34, the Pakistan Penal Code, 1860 (‘P .P .C’)and, convicted and sentenced him as under: ‘(i) Imprisonment for five years under Section 324 and to pay fine of Rs.20,000/-, in default to pay to further undergo one month S.I; (ii) sentence to pay daman Rs.3,000,000/- to the injured Saddam under Section 3337-F (iii) and 337-Y, the P .P .C;and (iii) sentence to pay daman Rs.30,000/- to the injured Saddam for causing an injury under Section 337-A (i), the P .P .C.’ The benefit of Section 382-B, the Code was extended

2. The appellant’s learned counsel filed an application under Section 345, the Code that the victim has compounded the Criminal Appeal 13 of 2026 -2- Only for viewing purpose. Contact office for certified copy. offences, therefore, the impugned judgment should be set-aside and the appellant be acquitted of the charge.

3. Mr. Abdul Karim Malghani, the learned state counsel has no objection to the application.

4. Heard. Record perused.

5. A perusal of the record reveals that the appellant was nominated for committing an offence punishable under Section 324, the P .P .C.The prosecution examined as many as six witnesses. The Trial Court vide judgment dated 12 May 2026 found the appellant guilty and sentenced him in the terms above.

6. The FIR was lodged by Saddam who received a bullet injury and a wound in his head. He appeared in person and stated that he has compromised the offence and has forgiven the appellant for the sake of Al-Mighty Allah. The officer-in-charge Pashtoonabad verified the identification of the victim. The Investigation Officer of the case, Muhammad Ishaq also appeared in person and confirmed the identity of the victim. The victim stated that he has compounded the offence, and if the appellant is acquitted of the charge on the basis of compromise, he would have no objection.

7. The offence under Section 324, the P .P .C is a compoundable under Section 345 sub-section (2), the Code. The appellant is not a hardened criminal. The victim, against whom the offence has been committed, appeared in person and stated that he has compounded the offence. The offences under Sections 345, 337-A (i) and 337-F (iii) are compoundable. The provision of Criminal Appeal 13 of 2026 -3- Only for viewing purpose. Contact office for certified copy. Section 345, the Code are beneficial and its interpretation must be liberal. The compromise voluntarily arrived at between the appellant and the victim. The object of compounding of an offence is to promote harmony and brotherhood amongst inhabitants of the State. The present case does not fall within the ambit of Fasad-Fil-Arz under Section 311, the P .P .C. The complainant/victim has no objection if the application is allowed. For the reasons stated above, I allow the application made under Section 345, the Code.

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