1986 P Cr (PLP)

Criminal Miscellaneous No. 1 of 1985 in Criminal Appeal No. 719 of 1985, decided on 11th January, 1985. ‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 302/149, 307/149, 324/149 i 148‑‑Suspension of sentence‑‑No specific part attributed to appellant/ petitioner for having caused any injury to deceased or to one of four injured prosecution witnesses‑‑Name of appellant /petitioner appearing by way of general allegation for having caused injuries with stick to three prosecution witnesses which were mostly simple in nature‑‑Sentence of accused suspended in circumstances. M.B. Zaman for Petitioner. Haji Ghulam Bari for the State. JAVID IQBAL, C.J.‑‑This is an application for suspension of sentence of Zaman son of Qadirdad petitioner who stands convicted alongwith others under sections 302/149, 307/149, 324/149 and 148, P.P.C. He has been sentenced under section 302/149, P.P.C. to life imprisonment, to ten‑years rigorous imprisonment under section 307/149, P.P.C. and to three years rigorous imprisonment under section 324/149, P.P.C. In addition to that he has been sentenced to three years rigorous imprisonment under section 148, P.P.C. The sentences are to run concurrently. Learned counsel states that in this case Fateh Muhammad is the deceased, whereas four P.Ws. were injured namely, Mian Khan, Qadirdad, Mst. Said Begum and Mst. Inayat Begum. It is submitted that so far as the present petitioner is concerned, he was alleged to be armed with a stick and that no specific part has been ascribed to him, nor any specific injury has been attributed to him. It is submitted that specific co‑accused i.e. Bahadur, Muhammad Aslam, Qadirdad, Muhammad Ali, Riasat Ali and Mehdi Khan are stated to have inflicted injuries with their sticks to Fateh Muhammad deceased. Similarly Shan, Farman, Mian Khan, Ashraf and Sardar Khan co‑accused are said to have caused injuries with their sticks to the deceased Fateh Muhammad. Then it is stated that Mian Khan P.W. received injuries at the hands of Shan, Mian Khan, Ashraf, Saroar Khan and Zakir co‑accused. Thus, so far as Fateh Muhammad deceased and Mian Khan P.W. are concerned, the name of the petitioner does not figure as one who caused any injuries to them. It is then pointed out that there is a general allegation that Mat. Said Begum, Mat. Inayat Begum P.Ws. as well as Qadirdad complainant P.W. received injuries at the hands of all the members of the accused party and it is only in this general allegation that the petitioner can be considered to be included. Learned counsel further points out that injuries sustained by Mst. Said Begum P.W. are two and they are simple in nature caused with blunt weapon. Injuries sustain by Mst. insyat Begum P.W. are four and are simple in nature caused with blunt weapon. Qadirdad complainant P.W. sustained 17 injuries on his person and the judgment indicates that out of these, 3 and 5 were kept under observation, whereas the rest were declared as simple. It is not mentioned as to what was the nature of the injuries which were kept under observation. Learned counsel also points out that one of the co‑accused, namely Zakir was given the benefit of doubt and acquitted. There is no other allegation on the record impli cating the petitioner except that which has been discussed above. Learned, counsel for the State concedes that this is the position. Since no specific part is attributed to Zaman petitioner for having caused any injuries to the deceased or even to Mian Khan P.W. and that since his name appears by way of a general allegation for having caused injuries A to these P.Ws. which were mostly simple in nature, we suspend his sentence and admit him to bail subject to his furnishing security in the sum of Rs.25,000 (Rupees. twenty‑five thousand) with two sureties, each in the like amount, o the satisfaction of A.C., Gujrat. This petition is disposed of. H.A.K. Sentenced suspended.