MUHAMMAD ZAMAN Versus THE STATE

ORDER

1. SARDAR MUHAMMAD DOGAR, J. ‑‑The petitioner who was tried with three others for having murdered Mst. Pathani stands convicted under section 302, P.P.C. and sentenced to imprisonment for life plus a fine of Rs.5,000 or in default to undergo three months R.I. further, he has also been directed to pay Rs.5,000 as compensation to the legal heirs of the deceased, vide judgment dated 2‑8‑1987 of Sessions Judge, Mianwali. His father Faiz Ahmad who was also convicted alongwith him has been sentenced to death plus a fine of Rs.5,000 or in default to undergo R.I. for three months. He was also directed to pay Rs.5,000 as compensation. The other two accused were acquitted by the Sessions Judge vide same judgment.

2. Suspension of sentence of the petitioner is being sought on the ground that his case was at par with those who were acquitted. According to the evidence, he was standing at a distance of 90 Karams from the place where the murder took place. He had neither raised any Lalkara nor had fired a shot, even though, he was armed with a gun. Under these circumstances, the contention of the learned counsel for the petitioner appears to possess some weight that no specific evidence is available against the petitioner and that no overt act is attributed to him in the commission of murder. The petition is, therefore, allowed and the sentence of the petitioner is suspended. He shall be released subject to his furnishing bail bonds in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Mianwali.

3. S.G.D./M‑699/L Bail allowed.