The petitioners have been sentenced under section 302(c)/34, P.P.C. 25 years R.I. As Tazir and to pay compensation of Rs. 50,000 each under section 544-A, Cr.P.C. To be, paid to the legal heirs of the deceased to the exclusion of Mst. Shukran in default six months R.I. Each in complaint case titled as Shamira son of Abdullah v. Riaz alias Baqir and others based on F.I.R. No. 149 of 1991 dated 10-8-1991 Police Station Sahuka, District Vehari, under section 302/34, P.P.C. They were convicted by the learned Additional Sessions Judge, Burewala, District Vehari vide judgment dated 2-11-2000 and the appellants seek suspension of their sentence on the grounds that both the petitioners Riaz alias Baqir and Dur Muhammad were tried for the murder of Riaz Ahmad son of Shamaira who lodged report at Police Station Sahuka against the appellants and both the appellants were declared innocent during the investigation. The complainant then filed a complaint which was tried by the learned Additional Sessions Judge Burewala District, Vehari who convicted all the four accused. A joint appeal is pending before this Court.
2. Suspension of sentence is sought on the grounds that according to the judgment, itself Saeed Muhammad is 75 years old while Dur Muhammad is 55 and they are having bad health and that Riaz co-convict of the appellant had suffered hatchet blow on his chest and was examined on that very day which was admittedly caused by Riaz deceased which fact completely rules out the possibility of pre-meditated or intentional murder and that it was a night occurrence and the lantern the only source of identification was not produced and that the have suffered protracted trial for 10 years.
3. The suspension is opposed on the ground that prima facie judgment is sufficient to show the guilt of the petitioners.
4. I have given due consideration to the value a arguments on both sides.
5. Without going deep into the merits of the case so that it may not prejudice any side, the old age of both the appellants, their bad health, Riaz co-convict of the appellants having suffered hatchet blow 'on his chest by the deceased, and the occurrence being that of night and the protracted trial of 10 years long, make this case fit for the A suspension of the sentence of both the appellants. As such the petition is allowed and the sentence in respect of Dur Muhamamd son of Sukhera and Said Muhammad son of Muhammad A.I, is suspended subject to their furnishing bail bond in the sum of Rs. 50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the Deputy Registrar Judicial of this Court.