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Writ Petition No. 2346 of 1982, decided on 30th June, 1982.
‑‑ S. 439‑A ‑ Revision (criminal)‑Conversion to higher offence ---Retrial‑Petitioner's conviction under S. 324, P. P. C. altered to one under S. 307, P. P. C. and sentence enhanced by Sessions Judge in exercise of his powers under S. 439‑A, Cr. P. C.‑Conten tion that in exercising revisional jurisdiction Sessions Judge could not have altered lesser offence into a higher offence and could only direct a re‑trial‑Contention, held, correct ‑Revisional order of Sessions Judge, set aside.‑;Sentence].
Ch. Muhammad Anwar Bhinder for Petitioner.
Rashid Aziz Khan, Addl. A.‑G. for Respondents.
Date of hearing : 30th June, 1982.
This is a writ petition of Ijaz Ahmad alias Jajji against the order of the learned Sessions Judge, Gujranwala by virtue of which the petitioner's conviction in revision was altered from S. 324, P. P. C. to S. 307, P. P. C. and sentence was enhanced to 5 years R. I. and to a fine of Rs. 5000 in default to two years' R. I. further. In exercising revisional jursdiction, A learned Sessions Judge, could not have altered the lesser offence into higher offence could have only directed a retrial. This petition is, therefore, accepted and the order in revision dated 7th June, 1982 is set aside as a result of which the enhanced sentence shall become inoperative, the original conviction and sentence shall remain intact and the revision shall be heard after. Since the revision has to be heard by the Sessions Judge, I transfer the case from the file of the Sessions Judge, Gujranwala to the Sessions Judge, Gujrat, who will hear the revision under section 439‑A, Cr. P. C. afresh, The parties are directed to appear before the Sessions Judge, Gujrat on 17th June, 1982 for further proceedings. Record of their case is with the office of the Sessions Judge, Gujranwala, it shall be sent to the Court of Sessions Judge, Gujrat before this date.
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