' CH. GHULAM SARWAR, J.--- Waris Ali petitioner was convicted under Section 302(c), P.P.C. By the learned Additional Sessions Judge, Layyah and has been sentenced to undergo 10 years' R.I. With a fine of Rs,10,000 and in default he has been directed to undergo six months' R.I. In case F.I.R. No,29, dated 29-3-1991 registered at Police Station Chaubara, District Layyah. The petitioner was tried alongwith another Waris Ali son of Muhammad Siddique, his co-accused for committing the murder of one Muhammad Ashraf on 28-3-1991.
2. It was contended that according to the best evidence of the prosecution i,e,, the statement of Muhammad Arif P.W.5, the petitioner is said to have given a stick blow on the right leg and buttock of the deceased. None of the injuries alleged to the petitioner has contributed towards the death of the deceased because the cause of death was the head injury attributed to the co-accused of the petitioner. It was also argued that the enmity of the petitioner with the complainant has been admitted by him when the complainant as P.W.5 stated that father of the petitioner had got a case registered under sections 468, 420, P.P.C. Against him for his procuring a teacher's post on the basis of a bogus certificate. The statutory period having lapsed in the case was also urged.
3. This application was opposed on behalf of the State.
4. After having heard both sides and having gone through the record we are convinced to suspend the sentence of the petitioner in view of the fact that the injuries attributed to him have not contributed towards the death of the deceased and the complainant has admitted his enmity with the petitioner as a criminal case was got registered against him by the father of the petitioner which is still pending and also that the petitioner was convicted on 8-12-1991 but the appeal filed by him has not been fixed for hearing so far and nor is likely to be heard in the near future, provided he furnishes bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of A.C., Chaubara.