Law:

Section:

(a) Criminal Procedure Code (V of 1898)--­ ---- S. 426(1- A)(c) --- Suspension of sentence --- Paramount considerations for refusal --- In cases of extraordinary nature of -offence having the character of brutal and extreme cruelty and where the crime committed is not only detestable but throws some light over the chequered character and conduct of the convict and the motive to commit the offence, suspension of sentence may be refused. (b) Criminal Procedure Code (V of 1898)--­ ---- S. 426 (1 -A)(c) --- Penal Code (XLV of 1860), S.302(b) --- Suspension of sentence --- Deceased had died with one shot attributed to accused --- Appeal could not be taken up for hearing for no fault of the accused and the statutory period of two years had elapsed --- Sentence of accused was suspended in circumstances and he was released on bail accordingly. 1995 SCMR 1819; 1994 SCMR 480; 1984 SCMR 1166; 1991 SCMR 1459; 1986 SCMR 1970; 1983 PCr-U 4; 1994 PCr.U 916; 1994 PCr.U 2359 and 1991 SCMR 1903 ref. ORDER Briefly stated the facts of this case are that a case F.I.R. No. 121 dated 27-5-1993 under section, 302/148/149/337-F(v)/337-A(ii)/427, P.P.C. registered at Police Station City, Attock against the petitioner and some others for roiting, being armed with deadly weapons and in furtherance of their common intention committing murder of Bakhsheesh Elahi and inflicting injuries to Inayat Elahi and Rehmat Elahi and causing damage to the vehicles belonging to the complainant party on 27-5-1993 at about 12-30 noon within the area of bus stand, Attock City. 2. The motive for the occurrence as stated in the F.I.R. is a dispute between the parties on a wagon stand. For the settlement of this dispute a Jirga was convened but no compromise was made out. Resultantly the present occurrence occurred. No other enmity exists between the parties. 3. After registration, of the case it was investigated by the police and found that all the accused participated in the alleged crime. Challan was prepared and sent to the Court for trial. After conclusion of the trial the learned Sessions Judge, Attock convicted the petitioner under section' 302(b), P.P.C. and sentenced him to life imprisonment, vide…

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