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Criminal Miscellaneous No. 1 in Criminal Appeal No. 554 of 1982, decided on 8th November, 1982.

---S. 526-Sentence, suspension of-Five 6-accused receiving in juries during occurrence and petitioners although charged under S. 302/149, P. P. C. yet convicted for offences under S. 325/149/148, P. P. C. only while two of co-accused convicted under S. 302/149, P. P. C. for their individual act-Appeal not likely to be heard in near future-Sentences of petitioners suspended, in circumstances.

Kh. Sultan Ahmad for Petitioners.

C. M. Latif for the State.

The petitioners were convicted for offences under sections 148 and 325/149, P. P. C. Ihsanullah and Mahmood Ahmad aged twelve years and fifteen years respectively were sentenced to undergo imprisonment for six months under section 148, P. P. C. and rigorous imprisonment for nine months under section 325/149, P. P. C. beside fine, while the remaining petitioners were awarded the same sentence under section 148, P. P. C. and five years under section 325/149, P. P. C. Iqbal son of Ahmad Din and Sardar co accused were, however, convicted under sections 148 and 1302, P. P. C. They were sentenced to undergo rigorous imprisonment for six months under section 148, P. P. C. and imprisonment for life and a fine of Rupees twenty thousand each under section 302, P. P. C. According to the prosecution version Sardar co-accused caused fatal injury to Khurshid Ahmad deceased, while Iqbal son of Ahmad Din co-accused had fired pistol shot at 'Muhammad Hussain deceased. The three petitioners, namely, Ihsanullah, bdahmood Ahmad and Ghulam Rasool sustained injuries. Iqbal son of Ahmad Din and Sardar co-accused had also received injuries. Prior to the registration of this case, F. I. R. No. 161 of 1980 had been registered at the instance of Ghulam Mastafa (son of Muhammad Hussain deccased). He alleged that his father had been done to death by the two prosecution witnesses, namely, Asghar Ali and Javid and two others Rashid and Muhammad Nawaz. This case was cancelled. Arshad P. W. had received grievous injury on the arm with blunt weapon. He was not examined during the trial. The grievous injury of Arshad had not been attributed to any of the accused specifically. There was an allegation of general nature that accused caused injuries to Arshad P. W. Since five accused received injuries and the petitioners were not convicted for offences under section 302/149, P. P. C. and the trial Court came to the conclusion that Sardar and Iqbal son of Ahmad Din were responsible for their individual acts and besides the appeal is, not likely to be heard in the near future, I suspend the sentences of the petitioners subject to the furnishing of bail bonds in the sum of Rs. 20,000 (Rupees twenty thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Gujranwala.

Sentences suspended.

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