ABDUL FIAMEED DOGAR, J.---The petitioners seek leave to appeal against the order dated 8-11-2001 passed by the Lahore High Court, Lahore, in Cr.M.No,1 of 2001 in Criminal Appeal No,974 of 2001 whereby the same was dismissed and the sentence of imprisonment for life was not suspended.
2. The facts, briefly stated, are that the petitioners alongwith other accused, namely, Fida Hussain, Riaz Hussain alias Raza and Niaz Hussain were sent up to face trial before the Court of learned Additional Sessions Judge-II, Bhakkar, who on conclusion of the' trial, convicted the petitioner under sections 302/109/34, P.P.C. And sentenced them to suffer imprisonment for life each with a fine of Rs,50,000 or in default to further undergo S.I.For one year each. The remaining accused were acquitted.
3. The petitioner assailed the judgment in appeal before the Lahore High Court, wherein he preferred the application for suspension of the sentence mainly on the ground that there was conflict between the medical and the ocular evidence and that they were not present at the spot and pleaded the plea of alibi with the documentary evidence.
4. Mirza Masood-ur-Rehman, learned Advocate Supreme Court for the petitioners mainly contended that even according to the judgment of the trial Court, the injury sustained by the deceased was attributed to both the petitioners, so it was difficult to ascertain as to whose shot became fatal and caused the death of deceased.
5. We do not find any force in the arguments as it amounts to deeper appreciation of evidence which cannot be done at the stage of suspension of sentence. Moreover, we do not find any illegality in the impugned order which is accordingly maintained.
6. The petition is dismissed and leave to appeal refused.