AIR 1992 SUPREME COURT 891 ::1992 AIR SCW 664 ::1992 CriAppR(SC) 160 ::1992 (1) UJ (SC) 533 ::1992 UJ(SC) 1 533 ::1992 (1) CurCriR 688 ::1992 (2) SCC 105 ::1992 SCC(Cri) 252 ::1992 CriLR(SC MAH GUJ) 200 ::1992 (1) ChandCriC 169 ::1992 (1) Crimes 553 ::(1992) Jab LJ 127 ::(1992) 1 SCR 311 (SC) ::(1992) 2 SCJ 160 ::1992 (1) SCR 311 ::(1992) 1 JT 258 (SC)

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): S. Ratnavel Pandian, K. Jayachandra Reddy , JJ

(A) Criminal P.C. (2 of 1974) , S.379— Scope - High Court reversing acquittal and convicting accused - Appeal against to Supreme Court - Maintainability - Right of appeal under S.379 - Lies as of right to Supreme Court. Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act (28 of 1970) , S.2— Constitution of India , Art.134(1), Art.134A, Art.136— The resultant position of law from the conjoined reading of S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and Arts. 134(1), 134A of the Constitution and the Code of Criminal Procedure is as follows : (1) Under sub-clause(a) of Art.134(1) an appeal lies as of right to the Supreme Court in a case where the High Court has reversed an order of acquittal of an accused person and sentenced him to death. (2) Under sub-clause (b) of Article 134(1) an appeal lies as of right to the Supreme Court in a case where the High Court has withdrawn the case for trial before itself from any Court subordinate to its authority and sentenced him to death. (3) Under Section 2(a) of the Act of 1970 an appeal lies as of right to the Supreme Court in a case where the High Court has reversed an order of an acquittal of an accused person and sentenced him to imprisonment for life or imprisonment for a period of not less than 10 years. ....