' The facts necessary for the disposal of this petition under section 561-A, Cr.P.C. Are that Khushamand Din petitioner alongwith others was convicted by Ch. Ghulam Rasul Jaspal, M.I.C., on 6-6-1988 and sentenced to 6 months' R.I. Plus fine for causing injuries to Yar Muhammad. The appeal filed by the petitioner was dismissed by the learned Sessions Judge, Mianwali on 14-9-1988.
A , revision was filed by him in this Court which too was dismissed on 25-9-1988. Later Criminal Miscellaneous No,1294/M of 1988 was filed for acquittal of the petitioner on the basis of a compromise arrived at between the parties. During its pendency Khushamand Din petitioner was released in pursuance of the general remission granted by the Government on 6-12-1988. He has again come to this Court for declaration that the offence under section 324/323/34, R.P.C. Under which he had been convicted did not involve moral turpitude. This according to him is necessary to avoid departmental action against him being a public servant. `Moral turpitude' has not been defined anywhere but a reference was made to it in Durga Singh v. The State of Punjab AIR 1957 Pb. 97 in the following words:- 'The term has generally been taken to mean a conduct contrary to justice, honesty, modesty or good morals and contrary to what a man owes to a fellow-man or to society in general. It has never been held that gravity of punishment is to be considered in determining whether the misconduct involves moral turpitude or not."
2. The learned A.A.-G. Has not been able to cite any authority contrary to it In to show that conviction under section 323/324/34, P.P.C. Can be treated as air conviction for an offence involving moral turpitude.
' The request is accordingly granted.