SHAHID Versus State

ORDER

MUHAMMAD AKHTAR SHABBIR, J.--- The petitioner has been convicted in case F.I.R. No.45 dated 7-2-2005 registered at Police Station City Kamonke, District Gujranwala, under section 302(b), P.P.C. and sentenced to life imprisonment with direction to pay compensation of Rs.1,00,000 to the legal heirs of the deceased. The miscellaneous application for suspension of conviction/sentence of the petitioner has been filed before the High Court in Criminal Appeal No.82-J of 2007 which was declined by the Court, vide order dated 29-4-2008.

2. The learned counsel for the petitioner contended that it was opined by the Investigating Officer that petitioner has caused no injury to the deceased nor any weapon of offence has been recovered from his possession. He further contended that the co-accused of the F.I.R. namely Amir, Zohaib and Rashid have been acquitted by the trial Court and on the same set of evidence, the petitioner has been convicted.

3. We have heard the arguments of the learned counsel for the petitioner.

4. The trial Court, after appraising the prosecution evidence, found the petitioner guilty of the offence and convicted him to life imprisonment. His appeal against conviction is sub judice before the High Court. Deeper appreciation of evidence at this stage cannot be undertaken. Prima facie, the case against the petitioner has been established and he has been convicted and sentenced to life imprisonment which is heavier. We do not find it appropriate to interfere and suspend the sentence of the petitioner at this stage.

5. For the foregoing reasons, this petition being devoid of any force is dismissed and leave to appeal refused accordingly.

H.B.T./S-32/SC Leave refused.