Al Wakeelo
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Initializing Secure Chambers
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Initializing Secure Chambers
1994 P Cr
1994 P Cr. L J 1999
[Lahore]
Before Falak Sher and Khalil-ur-Rehmwt Ramday, JJ
KHUSHAL and 2 others---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.2 of 1994 in Criminal Appeal No.327 of 1992, decided on 5th July, 1994.
Criminal Procedure Code (V of 1898)---
----S. 426---Penal Code (XLV of 1860), Ss.302/149, 148, 337-A(ii)/149 & 337-A(i)/149---Suspension of sentence---Accused was not ascribed any injury to the deceased, but a simple blunt weapon injury to a prosecution witness on remote part of his upper limb was attributed to him---Recovery of incriminating weapon from accused had been disbelieved ---Accused's injuries had been suppressed---Complainant side was the aggressor and statutory period contemplated by S. 426, Cr.P.C. had elapsed---Sentence of accused was suspended in circumstances and he was allowed bail accordingly.
MA. Zafar for Appellants.
ORDER
FALAK SHER, J.--- Having sought suspension of the sentence awarded to Lal, Khushal and Mopal petitioners by the learned Additional Sessions Judge, Jhang under section 302/149, P.P.C. to imprisonment for life with a fine of Rs.10,000 or in default to suffer 6 months' R.I. concurrently under section 148, P.P.C. to Rs.2,000 or in default 3 months' R.I. on two counts each respectively; under section 337-A(ii)/149, P.P.C. Rs.8,800 as Arsh to the victim; under section 337-A(i)/149 ibid Rs.500 Daman to all the injured P.Ws. availing the benefit contemplated by section 382-B, Cr.P.C., learned counsel at the rostrum opting not to press the saline qua the former two, confined his submissions to the latter. Contending non-ascription of any injury to either of the deceased or the injured P.Ws.save for solitary simple blunt weapon injury to Jehangir P.W.13 on remote part of the upper limb, recovery of the incriminating weapon A disbelieved, suppression of the appellant's injuries, complainant side being the aggressor over irrigation water and lapse of statutory period contemplated by section 420, Cr.P.C.
In view whereof dismissing the petition qua Lal and Khushal as not pressed, Mopal petitioner's sentence is suspended and allowed bail upon 8 furnishing bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C., Jhang.
N.H.Q./K-143/L Sentence suspended.