Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- -- Ss. 561-A & 439-A-Penal Code (XLV of 1860), Ss. 325 & 326­Revision against acquittal -- Additional Sessions Judge convicting acquitted accused in revision - Order of conviction, held, without jurisdiction and set aside under S. 561-A, Cr. P. C. (b) Penal Code (XLV of 1860)--- --- Ss. 326 & 335 read with S. 100-Grave and sudden provocation­. Accused causing hurt to victim on seeing him in objectionable position wish his wife, held, liable for conviction under S. 335-Such offence compoundable and punishable for 2 years-Accused remained in Jail for 2 years and parties filing written compromise - Compromise accepted by Court and accused acquitted in circumstances. (c) Penal Code (XLV of 1860)--- - ....- Ss. 325 & 326-Criminal Procedure Code (V of 1898), S. 439-A­Conviction of accused altered from S. 325. (lesser offence) to S. 326, P. P. C. (bigger offence) in revision-Order, held, without jurisdiction and inoperative. JUDGMENT Nadir, Anwar and ZuIfiqar alias Zulfu were sent up for trial for having murderously assaulted Ahmad Khan. Mr. Rafique Ahmad Awan, Magistrate, Gujrat, on 24-1-1980 convicted Nadir under section 325, P. P. C. and sentenced him to 2 years' R. I. Zulfu and Anwar were acquitted. Nadir went up in appeal. Rehmat Khan, informant, preferred a revision petition against the acquittal of Auwar and Zulfu and for the enhancement of the sentence of Nadir. On 31-8-1981 Mian Habib-ur-Rehman, Additional Sessions Judge, Gujrat, dismissed the appeal while accepting the revision, altered the convic­tion of Nadir from under section 325, P. P. C. to section 326, P. P. C. and enhanced his sentence to 4 years' R. I. with a fine of Rs. 1,000 in default to undergo six months' R. I. further. By the same order, acquittal of Anwar and Zulfu was also set aside; they were convicted under section 326, P. P. C. and sentenced to 5 years' R. I. each and fined Rs. 1,000 in default to undergo six months' R. I. further. The convicts have preferred two separate appeals Criminal Appeal No. 534 of 1982 and No. 525 of 1982 and a petition under section 561-A, Cr. P. C. (Criminal Miscellaneous No. 280-Q of 1982). This order…

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