IFTIKHAR HUSSAIN CHAUDHARY, J.-- Mst. Sareena Bibi wife of the petitioner died of burns in his house.
Criminal case FIR No. 6, dated 2.6.1998, Women Police Station, Faisalabad was registered under Section 302, P.P.C, at the instance of Rehmat Ali P.W.4. Muhammad Gulzar was tried in the Court of Mr.' Muhammad Afzal, Sessions Judge, Faisalabad, who believed the prosecution case. He disbelieved the witnesses but on the basis of other evidence proceeded to convict the petitioner under Sections 3Q2(b)/338-C, P.P.C, and sentenced Muhammad Gulzar to imprisonment for life by judgment dated 10.3.2000. The petitioner was awarded four years' rigorous imprisonment under Section 338-C, Cr.P.C.
2. The convict appealed and has sought suspension of sentence awarded to him.
3. I have heard the learned counsel for the petitioner as well as the State.
4. The Trial Court disbelieved the prosecution witnesses and convicted the petitioner on the strength of circumstantial evidence which consisted of recovery of burnt clothes of the deceased and the medical evidence. The medical evidence did not answer the question whether the death was accidental or was homicidal. That being the position of record, a second view about the conviction and sentence awarded to the petitioner is likely to be taken at the time of final adjudication of the appeal which is likely to take some time.
5. The sentence awarded to the petitioner by judgment dated 10.3.2000 passed by Malik Muhammad Afzal, Sessions Judge, Faisalabad, in case FIR No. 6, dated 2.6.1998, P.S. Women, Faisalabad, is hereby suspended. He is directed to be released from custody subject to furnishing bail bonds in the sum of rupees one lac with two sureties in the like amount to the satisfaction of Sessions Judge, Faisalabad.