' Petitioner seeks suspension of sentence. He was tried by Additional Sessions Judge, Kharian, who vide his judgment, dated 19-3-1995, sentenced him under section 302, P.P.C. To imprisonment for life with a fine of Rs,20,000. He was also directed to pay compensation of Rs,25,000 to the legal heirs of the deceased.
' Learned counsel for the petitioner in support of his case contended that the trial Court disbelieved the motive as set up by the prosecution. Argued that both the eye-witnesses were disbelieved as far as the involvement of the two co-accused of the petitioner was concerned on the ground that they were not present at the spot and the eye-witnesses had falsely nominated "them. Argued that in such circumstances it would extremely be unsafe to rely upon uncorroborated testimony of the eye-witnesses who have since been disbelieved qua Muhammad Nawaz and Muzaffar Hussain acquitted co-accused of the petitioner. Argued that chance of false involvement could not be ruled out because petitioner was real brother of Muhammad Nawaz and son of Muzaffar acquitted accused. Contentions were opposed by learned counsel for the State as well as learned counsel for the complainant.
2. 1 have heard the learned counsel and gone through the judgment. The learned trial Court at page 27 of the judgment held that the role as set up by the prosecution was not proved therefore, was ruled out of consideration. Similarly at page 24 of the judgment the learned trial Court held that Muzaffar and Muhammad Nawaz, co-accused of the petitioner were involved simply to swell the number of the accused and to involve the entire family. The doctor who conducted autopsy opined that injuries received by the deceased were pellet wounds whereas allegation against the petitioner was that he was armed with pistol. Petitioner was arrested on 14-10-1993 and since then he is behind the bars and there is no likelihood of the appeal being heard in the near future.
Therefore, application is accepted and the sentence is suspended. 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, Gujrat. Petition is disposed of.