FAUJA SINGH Vs. STATE

JUDGEMENT

(1.) The following two questions have been referred to the Full Bench:

(2.) Section 423, Code of Criminal Procedure, deal with powers of an Appellate Court in disposing of an appeal. It says:

(3.) As the words of Clause (a) of Sub-section (1) show it deals with an appeal against the order of acquittal & empowers the appellate Court, if it does not dismiss the appeal, to reverse the order of acquittal & inter alia to find the accused guilty & pass sentence on him according to law. Clause (b) relates to an appeal from a conviction & says that the appellate Court can either reverse the finding & sentence, & acquit or discharge the accused, or do one of the other things mentioned therein. One of such things is to alter the finding & the other is to reduce the sentence with or without altering the finding.