' Tahir Mahmood petitioner seeks suspension of sentence. He was tried by Sessions Judge, Sargodha for an offence under, section 302, P.P.C. And convicted and sentenced to 25 year's' R.I.
Vide judgment dated 12-12-1993.
' Learned counsel for the petitioner in support of his application for suspension of sentence contends that the trial Court in para.17 of its judgment has accepted the defence version which was to the effect that the petitioner acted in the right of private defence of his brother who was being belaboured by Sukhawat deceased. Submits that in these circumstances, it would not be correct to hold that the petitioner exceeded the right of private defence as he allegedly fired only one shot, and in such a situation it is impossible to determine that the shot would hit on which part of the body. The contentions were opposed by learned counsel for the State. According to him, he had exceeded the right of private defence and has rightly been convicted to 25 years' R.I.
2. I have heard the learned counsel and gone through some portions of the judgment with his assistance. The allegation against the appellant is that he saw his brother Arshad Mehmood being belaboured by Sokhawat deceased with a hockey. In order to save his brother he took out a gun and fired one shot in order to rescue his brother. The shot fired by him proved fatal and resulted in death of one Sokhawat, and injuries to one Mumtaz, not produced. I have noticed that this defence version was put to both the eye-witnesses and they accepted that it was agitated in the first instance before the police, which also accepted the same. In these circumstances, I feel the petitioner is entitled to concession of the suspension of sentence because there is not likelihood of the appeal being fixed in the near future. His sentence is suspended and he is allowed bail provided he furnishes security in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Shahpur, District Sargodha.