SIRAJ DIN and anothers vs THE STATE
This criminal miscellaneous petition seeks the suspension of sentence awarded to the petitioner, Siraj Din, who along with co-accused was convicted by the trial court under sections 302(b) and 324 of the Pakistan Penal Code 1860 for murder and murderous assault, resulting in life imprisonment and rigorous imprisonment. The core legal question concerns whether the petitioner's sentence should be suspended pending appeal, given that he was not attributed any injury to the deceased, an injured witness had exonerated him, co-accused with similar roles were acquitted, and his conviction was based on common intention. The Lahore High Court held that the petition should be allowed and the sentence suspended. The court established the key principle that where a convicted person is not attributed the fatal injury, co-accused with similar roles have been acquitted, and the applicability of common intention requires deeper appreciation of evidence during the appeal hearing, a case for suspension of sentence is made out.
- Whether the sentence of a convict can be suspended when the fatal injury is not attributed to him?
- Does the acquittal of co-accused with similar roles furnish ground for the suspension of sentence of the remaining convict pending appeal?
- Whether the applicability of common intention requiring appreciation of evidence justifies the suspension of sentence under criminal law?
- Section 302(b), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
' SARDAR MUHAMMAD ASLAM, J.---Criminal Miscellaneous No.1-6 Siraj Din petitioner along with four co-accused were tried by the learned Additional Sessions Judge, Bhakkar in case F.I.R. No.294, dated 23-11-2004 registered under sections 302(b)/324, P.P.C. At Police Station Darya Khan, Bhakkar. The learned Trial Judge vide his judgment, dated 27-4-2006 convicted under sections 302(b)/324, P.P.C. To Siraj Din and Muhammad Nasir for the murder of Mst. Akbari and for causing murderous assault on Nisar and Dildar P. Ws. For life each and 10 years', R.I. Each and a fine of Rs.1,00,000 and Rs:50,000 each respectively. The remaining accused persons were acquitted of the charge. Through this petition, Siraj Din petitioner seeks suspension of his sentence.
2. Learned counsel for the petitioner contends that the petitioner has allegedly caused an injury to a P.W. And not to the deceased. The injured P.W. Has forgiven the petitioner which is evident from, the judgment and that the co-accused of the petitioner having similar role has been acquitted by the Trial Court hence the petitioner's conviction on ground of common intention needs appreciation of evidence.
3. Learned counsel for the State opposed the suspension of sentence.
4. Heard. Record perused.
5. Petitioner has not caused any injury to the deceased. He allegedly caused injury to Muhammad Yaqoob P.W. Who did not enter the witness-box and exonerated the petitioner. Conviction has been recorded on ground of participation in the incident with common object and intention. Co- accused/exactly with similar roles, earned acquittal. Whether petitioner had common intention or otherwise will be considered at the time of hearing of appeal. Prima facie, it appears that his conviction was on account of absconsion of his brother who is principal accused in the case which has been seriously noticed by the Trial Court.
6. In view of above, this petition is allowed and the sentence of the petitioner is suspended subject to furnishing of bail bonds in the sum of Rs. 1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judl.) of this Court.