MST. SHAHNAZ BEGUM Versus THE STATE

ORDER

MUHAMMAD MUNIR KHAN, J. ‑‑This is an application for the suspension of the execution of sentence of Mst. Shahnaz Begum petitioner who stands convicted under section 302/34, P.P.C. and sentenced to imprisonment for life and a fine of Rs.2,000 or in default thereof 6 months' R.I.

2. Learned counsel for the petitioner submits that the petitioner did not cause any injury to the deceased; that there is no evidence that she was a party to the conspiracy to the murder of her husband, and that she being a woman, her case falls within proviso to section, 497, Cr.P.C. Learned counsel for the State has opposed this application on the ground that the petitioner was the cause of murder of her husband as she had illicit relations with Abid Shah co‑accused,' who has been sentenced to death.

3. We have considered the submissions made by the learned counsel for the parties with care. We feel persuaded to agree with the learned counsel for the petitioner. We find that the petitioner is a woman; that there was no charge of conspiracy against her; that there is no evidence that she was a party to conspiracy with Abid Shah and Javed to kill her husband Sarwar, deceased; that no overt act in the commission of the murder of the deceased has been attributed to her and that the allegations against her and the evidence produced by the prosecution is that she simply remained present at the time of occurrence.

For what has been said above, without making expression of opinion lest it may prejudice the merits of appeal, I feel that a case for the suspension of the execution of sentence has been made out. She is, therefore allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Gujrat.

S. A../S‑253/L. Life imprisonment suspended.