ZAFARUL HASSAN Versus MUHAMMAD KALIM

ORDER

This is a petition for the suspension of sentence on behalf of Karamat Ullah and Muhammad Arshad alias Achoo petitioners who have been convicted under section 302/34 P.P.C, and sentenced to imprisonment for life and a fine of Rs.15,000 each. .

2. Learned counsel for the petitioners contends that the culprits were not named in the F.I.R. nor their description was mentioned therein and the trial Judge had clearly held in the impugned judgment that due to darkness the eye witnesses could not identify them, therefore, there was no justification to record a finding of conviction. The learned State counsel has opposed the prayer for suspension of sentence.

3. I have considered the submissions made by the learned counsel for the parties. In the impugned judgment the trial Judge has held that "due to night time, PWs could not properly identify the culprits. However, they became familiar with the size, height and features of the accused persons". Perusal of the F.I.R. reveals that there is no mention of the size, height and features of the accused persons therein. The trial Judge further held that "complainant was a truthful person, when he told the police that offenders were unknown." In the circumstances, I feel inclined to the view that it is a tit case for the suspension of sentence. Accordingly, the sentence of the petitioners is suspended subject to their furnishing security in the sum of Rs.2,00,000 (two lacs) with two sureties each in the like amount to the satisfaction of Assistant Commissioner., Gujrat.

S.G.D./K‑123/L Sentence suspended.