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PETITIONER: KALAWATI AND ANOTHER
Vs.
RESPONDENT: THE STATE OF HIMACHAL PRADESH.
DATE OF JUDGMENT: 19/01/1953
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM
CITATION: 1953 AIR 131 1953 SCR 546 CITATOR INFO : RF 1965 SC1467 (16)
ACT: Indian Penal Code (XLV of 1860), ss. 114, 201, 302-Charges under ss. 302 and 114, and s. 201-Conviction under s. 201 and acquittal on other charge in Sessions Court -Conviction under ss. 114 and 302 and acquittal under s. 201 in High Court-Appeal to Supreme Court-Power to restore conviction under s. 201, when State has not appealed-Constitution of India, 1950, Art, 134 (1) (c) -Leave to appeal-Certificate of fitness-Death sentence passed by Judicial Commissioner.
HEADNOTE: The accused was charged under ss. 114 and 302, Penal Code, with abetment of murder. The Sessions Judge acquitted her of this charge and convicted her under s. 201, Penal Code, for suppressing evidence of murder and giving false information. On appeal by the accused as well as the State, the Judicial Commissioner set aside the conviction under s. 201 and convicted the accused under ss. 114 and 302: Held, that it was open to the Supreme Court, in an appeal preferred by the accused, to restore the conviction under s. 201 on setting aside the conviction under ss. 1...