MUHAMMAD BAKHSH Versus STATE

ORDER

Learned counsel for the petitioner, raises the following contentions in support of this petition for suspension of sentence:--

(1) That from the perusal of the record, the offence which is allegedly made out against the petitioner is one under section 337-A(i), P.P.C., which is punishable for not more than two years; and

(2) That according to the medical evidence, Khuda Bakhsh died due to cardiac failure and the injury attributed to the petitioner was not fatal.

2. Learned counsel for the State has opposed this petition on the ground that the petitioner causd injury which has resulted into heart failure and the case against the petitioner falls within the ambit of section 316, P.P:C. which is punishable up to 14 years' R.I. In addition to that the petitioner was directed to pay Diyat and he has not paid the same; hence the petitioner is not entitled to this discretionary relief when the order of conviction was passed on 1-6-1994.

3. Heard. Admittedly, the contentions raised by the learned counsel relate to deeper appreciation of evidence, which exercise cannot be done at this stage The petition is accordingly dismissed.

N.H.Q./M-1808/L Petition dismissed