SAAD SAOOD JAN, J.--The petitioner alongwith six other persons was tried by the Session Judge, Sargodha for offences falling under sections 302 and 307, read with section 149, and section 148 of the Pakistan Penal Code. The learned Sessions Judge found that each of the accused was responsible for his own individual act and that the attack on the complainant party had not been made in prosecution of a common object. The petitioner was found to have fired at Muhammad Sharif P.W; accordingly, he was convicted of an offence under section 326 and sentenced to suffer rigorous imprisonment for a period of seven years in addition of fine. He filed an appeal before the High Court alongwith the other convicts and also made a prayer for the suspension of his sentence during the pendency of the appeal. The High Court declined to suspend hip sentence. From the order of the High Court in this regard he seek leave to appeal from this Court.
2. There is evidence against the petitioner which has been believed by the trial Court that he fired at and grievously hurt a member of the complainant party. The sentence awarded to him is fairly substantial. No case for interfering with the discretion exercised by the High Court has been made out.
3. Learned counsel for the petitioner has pointed out that the High Court has suspended the sentence of one of the co-convicts, namely, Fateh Haidar. It is to be noticed that Fateh Haidar was convicted of the offence under section 324 of the Pakistan Penal Code and was sentenced to imprisonment for a period of three years.' Thus the sentence awarded to him was comparatively shorter. This is one of the grounds which has prevailed with the High Court in suspending his sentence. Clearly the case of Fateh Haidar is distinguishable from that of the petitioner.
4. This petition is without any merit and is hereby dismissed.