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PETITIONER: RABARI GHELA JADAV
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 26/02/1960
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P.(CJ) SHAH, J.C.
CITATION: 1960 AIR 748 1960 SCR (3) 130
ACT: Criminal Appeal-if can be admitted and heard on question of sentence only--Code of Criminal Procedure (V of 1898), ss. 418(1), 419, 421, 422.
HEADNOTE: The appellant was convicted under s. 304 Part I of the Indian Penal Code and sentenced to imprisonment for life by the trial Court. His appeal to the High Court was admitted only on the question of sentence and at the hearing the sentence was reduced to 10 years’ imprisonment. On appeal by special leave the appellant contended that his appeal in the High Court could not, in law, be admitted on the question of sentence only and that he was entitled to be heard on the merits of the case also. Held, that having regard to the provisions of the Code of Criminal Procedure while an Appellate Court had power to dismiss an appeal summarily if it considered that there was no sufficient ground for interfering, it had no power to direct the appeal to be heard on the question of sentence only. The Appellate Court, after hearing the appeal had the power in finally disposing of the appeal to reduce the sentence but was not entitled to direct the appeal to b...