Crl. M. No, 1/2016 Through this Criminal Miscellaneous, petitioner Zia has sought suspension of his sentence i,e, life imprisonment awarded by the learned Addl. Sessions Judge, Chichawatni, Disct Sahiwal vide judgment dated 26.05.2016 in a private complaint instituted by the complainant Shah Muhammad in respect of offences under Sections 302,148/149, PPC.
2. After hearing the learned counsel for the parties and going through the impugned judgment dated 26.05.2016, it has been noticed by us that allegation levelled by the prosecution against the petitioner is that he has inflicted a "rabble" blow on the backside of head of the deceased Atta Muhammad alias Nawaz. Post-mortem report of the, deceased shows that during occurrence, he has sustained as many as eight injuries on his person out of which Injury No, 3 is attributed to the present petitioner; According to the deposition of doctor, death of the deceased was caused due to cumulative effect of injuries No, 1,3 and 4. Meaning thereby that the injury attributed to the petitioner is also termed by the doctor to be the cause of death. The co-convict of the petitioner namely Asif has already been awarded death penalty by the learned trial Court vide impugned judgment who at the time of pronouncement of the judgment did not appear before the learned trial Court and is still fugitive from law. As the petitioner has been attributed specific injury to the deceased which is fatal, therefore, he is not entitled for suspension of sentence at this stage because after assessing and evaluating the evidence available on record, the learned trial Court convicted and sentenced him in this case. Rest of the arguments advanced by learned counsel for the petitioner amounts to deeper appreciation of evidence which exercise cannot be carried out at the stage of suspension of sentence.
3. For what has been discussed above, the petitioner has failed to make out his case for suspension of sentence and this petition is, therefore, dismissed.