Ghulam Hussain petitioner was tried under section 325, P.P.C. For causing grievous injury with blunt weapon to Ashiq Hussain P.W. On the conclusion of the trial he was convicted under section 323, P.P.C. Feeling aggrieved, he filed appeal which was entrusted to learned Additional Sessions Judge, Bhakkar, who while dismissing the appeal converted the conviction of the petitioner from section 323 to 325, P.P.C., hence this revision.
2. No one has appeared for the petitioner. Since revision cannot be dismissed for non-appearance, so I have examined the case with the assistance of the learned counsel for the State. I find that the order of learned Additional Sessions Judge is quite illegal, inasmuch as, he is an appellate Court and even a revisional Court has no authority to convert conviction in minor offence to one A under the major offence. The petitioner was charged under section 325, P.P.C. However, he was convicted under section 323, P.P.C. This means that he was deemed to have been acquitted of the charge under section 325, P.P.C. The Appellate Court had no authority to convert an order of acquittal on a particular charge into conviction under that charge.
For what has been said above, the revision is accepted.
3. Now the question arises as to whether or not the case should be sent back to the Appellate Court for rehearing of the appeal. I feel that the occurrence took place in the year 1986. The petitioner was sent to jail twice. He was convicted by the trial Court for causing hurt. After the rejection of his appeal by the learned Additional Sessions Judge, he remained in jail for about two weeks before his sentence could be suspended by this Court. In these circumstances, I feel that it would not be proper to remand the case for fresh decision of appeal. Order accordingly.