AIR 1987 SUPREME COURT 2023 ::1987 SCC(Cri) 670 ::(1987) 1 JT 687

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): A. P. Sen, V. Balakrishna Eradi , JJ

Criminal P.C. (2 of 1974) , S.386, S.378— High Court - Powers of- Trial Court convicting accused for lesser offence than charged one - No appeal against, by State though it filed appeal in another case against same accused persons - High Court not competent to alter conviction to graver offence in former case while dealing with appeal in latter case. Accused persons prosecuted for two incidents occurring in one day - In one case trial court acquitting them of charge under S. 307 read with S. 149, I. P. C. and instead convicting them under S. 325 - In another case accused acquitted of charge under S. 302 read with S. 149 - State not filing appeal against acquittal in first case but filing one against second case - High Court could not alter conviction under S. 325 in first case to one under S. 307 in absence of State appeal. Decision of Rajasthan H. C. , Partly Reversed.(Para 2 3)