' Atta Muhammad petitioner-appellant was convicted vide a judgment, dated 20-9-1994 passed by the learned Additional Sessions Judge, Rahimyar Khan, under section 304, Part II, P.P.C. For the murder of Hazoor Bakhsh and sentenced to ten years' S.I. This is an application, on behalf of petitioner Atta Muhammad for the suspension of his sentence.
2. The prosecution case briefly stated is that there was an altercation between Atta Muhammad petitioner-appellant and the complainant about the grazing of complainant's cattle at the chaff of Atta Muhammad. In the earlier part of the fateful day, Atta Muhammad (petitioner) held out a threat for grazing cattle and for abusing him. On the same day at about 3/4 p.m., the complainant was grazing his cattle, Atta Muhammad (petitioner-appellant) and Shah Muhammad armed with .12 bore guns. Muhammad Amir armed with a stick, Ghulam Mustafa armed with a .12 bore pistol and Gaman armed with a stick came to the spot. Atta Muhammad petitioner raised a Lalkara.
Complainant's brother Hazoor Bakhsh (deceased) on hearing the Lalkara came out of his house.
On seeing the other P.Ws., the accused including Atta Muhammad (petitioner-convict) ran away towards the canal bank and hid themselves in the cotton field of Mureed Abbas Niazi. As soon as Hazoor Bakhsh (deceased) came on the northern canal bank, Shah Muhammad fired a shot which hit him on the right shoulder. Atta Muhammad (petitioner) also` fired which hit the right upper part of the chest of Hazoor Bakhsh deceased. Ghulam Mustafa also fired which hit Hazoor Bakhsh on his upper right shoulder. Hazoor Bakhsh deceased succumbed to the injuries at the spot.
3. During trial, the prosecution examined eleven witnesses including a doctor and the Investigating Officer. According to the medical evidence, the cause of death was due to injury to vital organs i,e, right lung and major blood vessel and also due to haemorrhage and shock due to injury No,2.
4. Vide the a fore referred judgment, the learned trial Court gave benefit of doubt to all the remaining accused but convicted Atta Muhammad petitioner-appellant and sentenced him to imprisonment noted above.
5. The learned counsel for the petitioner-appellant submits that the petitioner had acted in self- defence and that there is sufficient material on record to prove his plea and that his conviction is not tenable in law.
6. I have heard the learned counsel for the parties and have also gone through the judgment of the learned trial Court.
7. Atta Muhammad petitioner-appellant is attributed a fatal shot on the chest of Hazoor Bakhsh deceased. As per medical ' evidence this injury was sufficient to cause death in the ordinary course of nature. The grounds being urged for the suspension of sentence of the petitioner touch merits of the main appeal which cannot be gone into at this stage.
8. While deciding a petition for suspension of sentence, the Court has to 1 confine itself to the judgment and cannot discuss the merits which would require deeper appreciation of evidence on record. There is no infirmity or illegality in the judgment to warrant suspension. There is, therefore, no merit in this petition C which is hereby dismissed.