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Criminal Petitions for Special Leave to Appeal Nos. 486 and 487 of 1981, decided on 31st January, 1982.

(Against the judgments of the Lahore High Court dated 31-9‑1981, passed in Criminal Revisions Nos. 193 and 194 of 1981).

‑‑ Ss. 307 & 326-Applicability of sections‑Contention that offence made out against petitioner falls within purview of S. 326 and not of S. 307‑Held: Considering nature of weapon used (knife) and loca tion of injury (abdomen) Courts below justified in holding petitioner having committed offence under S. 307‑Offence under S. 326, however, also being punishable with imprisonment for life or a term which only extends to 10 years' R. I. and petitioner having been sentenced to 3 years' R. I. only, it would not make any practical difference to peti tioner even if be were found guilty under S. 326.

Syed Sajjad Raza Jafri, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioner.

‑This order will dispose of Criminal Petitions No. 486/81 and No. 487/81, both filed by Bilal Hussain petitioner. He was tried by the Additional Sessions Judge, Multan, who convicted him under sec tion 307, P. P. C., for which he was sentenced to 3 years' R. I. and a fine of Rs. 2,000 or in default to undergo further R. I. for six months. He filed an appeal against the judgment which was dismissed by the High Court vide the impugned order. He was also tried and convicted under the Arms Ordinance for possession of the knife with which he had committed the above‑noted offence, and was sentenced to one year's R. I. His second appeal against his conviction under the Arms Ordinance before the High Court, too, met the same fate.

Hence the two petitions.

2. We have heard the learned counsel for the petitioner. The only contention raised by him was that the offence made out against the petitioner does not fall within the purview of section 307, P. r. C. but under section 326, P. P. C.

3. In the first place, considering the nature of the weapon used and the location of the injury (i. e. abdomen), the Courts below were justified in holding that he had committed the offence under section 307, P. P. C. Secondly, even an offence under section 326, P. P. C. punishable with imprisonment for life or a term which may extend to 10 years R. I. Having been sentenced only to 3 years' R. I. it would not make any practical difference to the petitioner even if he had been found guilty under section 326, P. P. C., Criminal Petition No. 486/81 is, therefore, dismissed.

4. As to Criminal Petition No. 487/81, we find that the recovery of the knife, which is the crime weapon, has been duly proved and the petitioner was rightly convicted for its possession under section 13/20 of the Arms Ordinance, 1965. This petition is also dismissed.

Petition dismissed.

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