1. Shahid Amin petitioner/appellant was tried by the learned Additional Sessions Judge, Jhang in case F.I.R. No.199, dated 18-5-1998, under sections 302, 324/337--F(vi)/34, P.P.C. Registered with Police Station, City Shorkot for murder of Mst. Imtiaz Bibi his real sister and causing murderous assault on Zafar, P.W. And vide judgment dated 11-7-2000 was convicted under section 324, P.P.C.
2. And sentenced to 7 years' R.I. With a fine of Rs.20;000, in default thereof to further undergo R.I. For one year. He was also convicted under section 337-F(iv), P.P.C. And sentenced to four years' R.I. And was ordered to pay Daman of Rs.10,000 to be paid to Zafar injured. Both the sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. Was, however, given to him. He has challenged his conviction and sentence through Criminal Appeal No.1464 of 2002 while the complainant has filed revision petition for enhancement of the sentence.
3. During the pendency of the appeal, through the instant petition the petitioner has prayed for suspension of his sentence.
4. According to the office report the appeal is likely to be fixed at the end of this year.
5. 1994 SCMR 1206 titled Rafaqat Ahmad v. The State; 2000 M LD 1269 titled Muhammad Nazir v. The State 1995 PCr.LJ 1793 titled Abdul Sattar and others v. The State and 2001 YLR 1083 has argued that the petitioner/appellant remained on bail during the trial, therefore, he is entitled for the same benefit after conviction and there is no likelihood for early dispossal of the appeal.
6. The petition has been opposed by learned counsel for the complainant and for the State.
7. Heard. Record perused.
8. The petitioner was tried for murder of his real sister Mst. Imtiaz Bibi and he also caused injuries to Zafar and his defence plea was that when he saw his sister Imitaz Bibi and Zafar in compromising position he committed the, offence under grave and sudden provocation.
9. During the trial the offence under section 302., P.P.C. Was compromised and he was acquitted of the charge for murder of his sister. However, he wins convicted under section 324, P.P.C. For causing murderous assault on Zafar, P.W. I have noticed that admittedly Imitaz Bibi was kept in the house in injured condition for 4/5 days before her death and was not provided any medical aid. While allowing the compromise under section 302, P.P.C. The learned trial Court has ignored the provisions of section 311, P.P.C. The killing for family honour in our society has been deprecated by the superior Courts. He caused as many as 14 grievous injuries to Zafar, P.W. Whether these injuries were caused under grave and sudden provocation requires reappraisal of evidence which cannot be done at this stage.
10. The case-law referred to by the learned counsel is not applicable to the present case. As in Rafaqat's case 1994 SCM R 1206 the petitioner/accused was a student and was convicted for having exceeded in exercise of private defence: In case 2000 M LD 1269, Mirza Ali Khan, petitioner/accused was aged 14/15 years at the time when the occurrence took place case 1995 PCr.LJ 1793, the sentence awarded to the petitioner was only of two years and it was a case under Prevention of Corruption Act.
11. Merely on the ground that the accused remained on bail during the trial is not sufficient to suspend the sentence. Out of the total sentence, the petitioner has served only 8/9 months and according to the office report the appeal is likely to be fixed by the end of this year. The complainant has also filed revision petition for enhancement of sentence, therefore, keeping in view the peculiar circumstances of the case, I do not find any force in the petition for suspension, of sentence. The same is, therefore, dismissed.
12. N.H.Q./S-705/L