1. The petitioner is accused of having caused a dagger blow to Mubarak A.I on his right thigh; the resulting injury was 5 c.m. x 2 c.m. x muscle deep. Mubarak A.I had to be operated upon and the finger of his right foot had to be removed. He has almost been rendered a cripple by the injury because he cannot walk without clutches. In the circumstances, I do not think that there is any merit in the contention that the injury was on a non-vital part of the body. Learned counsel for the petitioner then contends that the case is being tried by a Magistrate 1st Class and as he is not competent to award punishment for more than three years, the offence does not fall within the prohibitory clause. For his contention, learned counsel refers to Muhammad A.I v. The State 1985 P Cr. L J 1. That case, it appears, was decided on its own facts and in any case, the contention does not take due note of the provisions of section 347 of the Cr.P.C., which provides that `if in any trial before a Magistrate, before signing judgment, it appears to him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, he shall send the case to the Court of Session or High Court, for trial'. In view of this section, the trial Magistrate will be able, if he finds that this is a case in which the punishment should be more than three years imprisonment, that the case should be tried by the Court of Session or by a Magistrate exercising Section 30 powers. Rejected.
2. H.B.T./ M-1180/L