Case Note & Summary
The case involved an appeal by the State of Uttar Pradesh against a judgment of the Allahabad High Court which had set aside the conviction of the respondents under Section 326 of the Indian Penal Code. The respondents were convicted by a Magistrate for cutting off a woman's nose as an act of revenge. The Sessions Judge had initially set aside the conviction and directed the case to be committed to the Court of Session. However, the High Court ruled that the Sessions Judge lacked the authority to commit the case for trial in an appeal against conviction. The Supreme Court examined Section 423(1)(b) of the Code of Criminal Procedure, 1898, and concluded that the Appellate Court indeed had the power to order such a commitment. The Court referenced previous case law to support its interpretation, emphasizing that the power to commit is not restricted to cases exclusively triable by a Court of Session. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and restored the Sessions Judge's directive for commitment to the Court of Session.
Headnote
A) Criminal Procedure - Appellate Court Powers - Commitment for Trial - Code of Criminal Procedure, 1898, Section 423(1)(b) - The Supreme Court held that the Appellate Court is empowered to order commitment for trial to the Court of Session, and this power is not limited to cases exclusively triable by a Court of Session. The High Court's contrary view was deemed erroneous, leading to the restoration of the Sessions Judge's order (Paras 1-5).
Issue of Consideration
Whether the Sessions Judge had the power to direct commitment to the Court of Session in an appeal against conviction.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the Sessions Judge's directive for commitment to the Court of Session.
Law Points
- Appellate Court powers
- commitment for trial
- interpretation of statute
