' MUHAMMAD HALEEM, ACTG. C. J. - This order will govern Cr. P. S. L. A. No, 56-R of 1983 and Cr. P. S. L.
A. No, 63-R of 1983, by which the High Court by separate orders suspended the sentence of Fazal Ellahi and Yaqoob under section 426, Cr. P. C. Both of them were convicted under sections 302 and 307 read with section 34, P. P. C. On the first count they were sentenced to life imprisonment and fine, and on the second count to five years' R. I. And fine in the same amount.
2. While suspending the sentence of Fazal Ellahi, a Division Bench of the High Court upon a perusal of the judgment prima facie held that the part attributed to him was not established as no sharp- edged injuries were noticed on Ashraf. The Division Bench further held that as the incident took place outside the Heveli of Faiz Bakhsh, who has since been acquitted where Fazal Ellahi also resided, the question for consideration would also be that he had "run out in defence of one or more of his brothers". In other words, impliedly, the Court was of the tentative opinion that it was not a case of vicarious liability. As the case of Yaqoob was at par with Fazal Ellahi, his sentence was also suspended on, this ground.
3. The petitioner has challenged the legality of the orders, but we fail to see any substance in it as the Court can, if it appears on the face of the judgment form a tentative opinion such as the one in the present case. It is an exercise of discretion and to all intents and purposes the opinion is tentative. Accordingly, it cannot be said to be injudicious. The petitions fail and are hereby dismissed.