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Petitioner: MUHAMMAD TANVIR Alias TANVIR HUSSAIN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD TANVIR Alias TANVIR HUSSAIN vs THE STATE Case No.: Criminal Revision No.13 of 1983 Date of Judgment:1991-04-30 Reported As: 1991 P Cr. L J 2063 Result: Order accordingly
JUDGMENT
JUDGMENT Muhammad Tanvir alias Tanvir Hussain, petitioner, stands convicted under section 307, P.P.C. For murderous assault on Muhammad Yusuf P.W. And sentenced to four years' R.I. And a fine of Rs.5,000 or in default thereof one ` year's R.I. 2. While admitting the criminal liability of the petitioner for the three injuries caused by sharp- edged weapon (Sua) on the person of Muhammad Yusuf P.W. The learned counsel has questioned the nature of offence on the ground that since none of the injuries was grievous or dangerous to life and all the injuries were simple, therefore, no case of attempt to murder punishable under section 307, P.P.C. Was/is made out. No one has appeared for the State. 3. I have considered the matter carefully. I find that Muhammad Yusuf had 3 injuries, which were kept under observation. The doctor finally found that all the injuries were simple. None of the injuries was declared dangerous to life. This being the position, the conviction of the petitioner under section 307/34, P.P.C. Cannot be maintained. So it is set aside instead he is convicted under section 324, P.P.C. 4. As for the sentence, the petitioner has remained in jail for six months as stated by the learned counsel for the petitioner. The order-sheet of this petition shows that the petitioner remained in jail for about three weeks before he could be released on bail by this Court in this petition. He was sent to jail thrice. The occurrence took place in the year 1980, so the agony of protracted trial coupled with the imprisonment suffered by him as under-trial prisoner and as convict would meet the case. Order accordingly.