' MUHAMMAD MUNIR KHAN, J.-- This criminal appeal arises from the judgment of learned Judge, Punjab Special Court for Speedy Trials No, VI, Bahawalpur, whereby he on 27-9-1988, while acquitting him of the charges under section 396/302/307/34, P.P.C. Convicted Ali Nawaz appellant under section 397/391, P.P.C. For conjointly committing robbery and for using deadly weapons at the time of committing robbery and sentenced him to 7 years' R.I. And a fine of Rs,10,000 in default thereof 3 years' R.I. With the direction that the fine if recovered be paid to Manzoor Ahmad and Piran Ditta P.Ws. In equal shares.
2. Since after hearing the learned counsel for the parties we feel inclined to set aside the conviction and sentence of the appellant on legal point, so, we need not set out the facts in detail and enter into the merits of the case. We find that section 391, P.P.C. Simply defines dacoity and section 397, P.P.C. Is only an enabling provision, which says that if at the time of committing robbery, the offender uses any deadly weapon, the imprisonment with which he is punished shall not be less than 7 years and as such, the appellant could not have been punished under section 397/391, P.P.C., more particularly, when he had been acquitted of the charges under section 396/302/307/34, P.P.C.
' For what has been said above, the appeal is accepted. The conviction and sentence of the appellant is set aside. He shall be released forthwith, if not' required to be detained in any other case.