LAL KISHORE JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Delay condoned. Heard Mr Nagendra Rai, learned Senior Advocate, appearing for the petitioner.

(2.) The petitioner is convicted under Sections 494 and 498-A of the Penal Code, 1860 and is sentenced to rigorous imprisonment for.two years on each count. The sentences are directed to run concurrently.

(3.) Mr Rai submitted that the petitioner was acquitted by the appellate court and the High Court, while disposing of the revision filed against the order of acquittal, exceeded its jurisdiction in passing an order that resulted into the conviction of the petitioner. He submitted that in exercise of the powers under Section 401 of the Code of Criminal Procedure, 1973, an order of acquittal cannot be converted into an order of conviction and what the High Court could, at the best do was to order a re-trial of the petitioner. In support of the submission, he relied upon the decisions of this Court in Vimal Singh v. Khuman Singh, 1998 7 SCC 223 and Mahendra Pratap Singh v. Sarju Singh, 1968 AIR(SC) 707.