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Criminal Revision No. 557 of 1984, heard on 10th November, 1984.
---Ss. 307 & 324--Criminal Procedure Code (V of 1898), S. 439--Injury caused by accused having been declared simple by doctor--Accused not repeating shot--Conviction of accused altered from S. 307, P.P.C. to one under S. 324, P.P.C. in circumstances.
---S. 324--Sentence--Accused causing fire-arm, simple injury on person of victim--Conviction altered from S. 307, P.P.C. to one under S. 324, P.P.C. and sentence reduced from 4 years' R.I. to two years' R.I. in circumstances.
Hasan Ahmed Khan Kanwar for Petitioner.
Bashir Baig for the State.
Date of hearing: 10th November, 1984.
The facts giving rise to this petition are that Muhammad Nawaz petitioner was tried by Magistrate Section 30, under section 307, P.P.C. for having made murderous assault on Muhammad Ali P.W. 5 by causing fire-arm injuries on the lower part of his body. At the conclusion of the trial the petitioner was convicted under section 307, P. P. C. and sentenced to four years' R.I. and a fine of Rs. 5,000 in default thereof further R.I. for one year. His appeal failed on 24-9-1984, hence this revision.
2. The learned counsel submits that since the injuries found on the person of the victim allegedly caused by the petitioner have been declared simple. Therefore; there was no legal justification to convict him under section 307, P.P.C.
3. Conversely the learned counsel for the State has supported the judgment of the trial Court on the ground that the petitioner having used fire-arm, 'his intention to murder the victim was very much apparent.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that the injury caused by the petitioner has been declared simple by the Doctor and that the petitioner had nor repeated the shot. In this view of the matter, it would be in accordance s with the safe administration of justice in criminal cases that the conviction of the petitioner is altered from section 307, P.P.C. to section 324, P.P.C. On the question of sentence I am of the view that sentence of two years' R.I. and a fine of Rs.5,000 in default thereof six months R.I. would meet the case. The fine when recovered, out of the same Rs.3,000 be paid to Muhammad Ali as compensation.
H.A. Revision partly accepted.
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