Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ABDUL KARIM VS Respondent: MUHAMMAD SIDDIQUE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: ABDUL KARIM vs MUHAMMAD SIDDIQUE Case No.: Criminal Revision No.310 of 1982 Date of Judgment:1991-04-23 Reported As: 1991 P Cr. L J 2431 Result: Revision dismissed
JUDGMENT
JUDGMENT Muhammad Siddique, respondent, alongwith two others were tried under section 302/307/34, P.P.C. For the murder of Abdul Majid and injuries to Muhammad Sharif, Muhammad Aslam and 'Muhammad Bashir. On the conclusion of the trial, Muhammad Siddique, respondent, was convicted under section 304, Part II, P.P.C. And sentenced to eight years' R.I. And a fine of Rs.3,000 or in default thereof six months' R.I. He has not filed any appeal against his conviction and sentence. However, Abdul Karim, complainant, has filed the present revision application against the acquittal of the charge under section 302, P.P.C. 2. Mr. Iftikhar Ali Sheikh, Advocate, learned counsel for the petitioner has not appeared. Since the revision, after having been admitted, cannot be dismissed for non-prosecution, so I have examined the case with the assistance of the learned counsel for the State. 3. I find that in this revision petition, it has been requested that the conviction of the respondent under section 304, Part II, P.P.C. May be converted into conviction under section 302, P.P.C. I am afraid that the High Court in exercise of the revisional powers cannot convert conviction in minor offence to conviction in major offence. The respondent was charged under section 302, P.P.C. However, he was convicted under section 302, Part II, P.P.C. Which means that he was acquitted of the charge under section 302, P.P.C. So it is not possible for this Court to grant the prayer made in this revision application. Dismissed accordingly.