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Prasanna Chandra Majumdar Vs. Upendra Nath Shaw - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal658,75Ind.Cas.362
AppellantPrasanna Chandra Majumdar
RespondentUpendra Nath Shaw
Excerpt:
criminal procedure code (act v of 1898), 423 - acquittal, setting aside of--appellate court, power of. - .....petitioner in this case was convicted by the deputy magistrate of bogra under section 143, indian penal code, and sentenced to pay a fine of rs. 100. on appeal to the sessions judge of pabna he upheld the conviction and sentence and further passed an order setting aside the order of acquittal of the offence under section 379, indian penal code, which had been passed by the trying magistrate. the learned sessions judge had clearly no jurisdiction to set aside the acquittal of the petitioner when he upheld conviction under section 143, indian penal code. it was not a case of altering the conviction which was within his powers under section 423, criminal procedure code. we accordingly make this rule absolute and set aside the order of the sessions judge so far as it sets aside the.....
Judgment:

1. The petitioner in this case was convicted by the Deputy Magistrate of Bogra under Section 143, Indian Penal Code, and sentenced to pay a fine of Rs. 100. On appeal to the Sessions Judge of Pabna he upheld the conviction and sentence and further passed an order setting aside the order of acquittal of the offence under Section 379, Indian Penal Code, which had been passed by the Trying Magistrate. The learned Sessions Judge had clearly no jurisdiction to set aside the acquittal of the petitioner when he upheld conviction under Section 143, Indian Penal Code. It was not a case of altering the conviction which was within his powers under Section 423, Criminal Procedure Code. We accordingly make this Rule absolute and set aside the order of the Sessions Judge so far as it sets aside the acquittal of the petitioner under Section 379, Indian Penal Code, by the Trying Magistrate.


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