File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Sentence And Acquit Or Discharge Of The Accused

The provisions of the section 386 Crpc empowers the Appellate Court that after perusing the record and hearing the parties, if it appears that there are sufficient grounds to interfere with the judgement of conviction,or order him retried by court of competent jurisdiction subordinate to such Appellate Court or committed for trial.

On facts of the case the conversion was sustainable. Before the trial court the appellants along with other s took his trial u/s 396 IPC,i n the alternative u/s 302 IPC. According to the prosecution, there was actual no commission of dacoity thought there was an attempt for it. The High court considering the facts.

And the evidence proving that it was the appellant who caused the death'of the deceased has altered the conviction.

Added to that, the High Court had mentioned that there was a specific allegation in the charge that the appellant had murdered the deceased . The appellant can't be said to have been prejudiced by the alteration of the conviction in view of the specific alternative charge. The argument advanced by the counsel that there was an acquittal of the appellant u/s 302, IPC, has no merit.

Ramdeo Rai Yadav vs State of Bihar,( 1990, 2 SCC675

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly