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PETITIONER: SARJUG RAI AND OTHERS
Vs.
RESPONDENT: THE STATE OF BIHAR
DATE OF JUDGMENT: 28/10/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. KAPUR, J.L.
CITATION: 1958 AIR 127 1958 SCR 768
ACT: Criminal Revision-Enhancement of sentence-Power of High Court-Enhancement beyond the maximum sentence imposable by trial Court-Code of Criminal Procedure (V of 1898), ss. 31 and 439.
HEADNOTE: The appellants were tried before an Assistant Sessions judge for the offence of dacoity under s. 395 Indian Penal Code. Under 3. 31(3) Code of Criminal Procedure, (as it then stood) the Assistant Sessions judge could award a maximum sentence of seven years rigorous imprisonment. He convicted the appellants and sentenced them to five years rigorous imprisonment each. The appellants appealed to the High Court, and the High Court, in its revisional jurisdiction, issued a notice to the appellants for enhancement of sentence. The High Court dismissed the appeal and enhanced the sentence to ten years rigorous imprisonment. Held, that the High Court had, in its revisional jurisdiction under S. 439 Code of Criminal Procedure, the power to enhance the sentence beyond the limit of the maximum sentence that could...